“The test for an extension of time, of course, is well known. The overarching principle is that an extension of time should be granted if required by the “justice of the case”: Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, 114 O.R. (3d) 636, at para. 15. In applying this principle, the court will consider:
a. whether the appellant formed an intention to appeal within the relevant period;
b. the length of and explanation for delay;
c. the prejudice to the respondent; and
d. the merits of the appeal.
These factors have been relied on to permit the extension of time to perfect an appeal: see e.g., Issasi v. Rosenzweig, 2011 ONCA 112, 277 O.A.C. 391, at para. 4. Consideration must be given to all of the factors in deciding whether the overall justice of the case requires that the extension be granted.
The merits of the appeal have been described as “the most important factor” in determining whether the justice of the case requires an extension of time: Robson v. Law Society of Ontario, 2023 ONCA 709, at para. 5. When assessing the merits of the appeal, it is not with a view to determining whether the appeal will succeed, but only with a view to determine whether the appeal has so little merit that the court could reasonably deny the important right of appeal: Issasi, at para. 10. At the same time, lack of merit, on its own, may provide a sufficient basis on which to deny an extension of time: Reid v. College of Chiropractors, 2016 ONCA 779, at para. 15.”