“With respect to Mr. Safieh’s motion pursuant to r. 61.16(5) to set aside the order administratively dismissing his appeal, the merits of the appeal is one of the primary considerations: Sickinger v. Sickinger, 2017 ONCA 760, at para. 13. Consideration must also be given to: (1) the explanation for not perfecting the appeal within the stipulated timelines; (2) the length of and explanation for the delay; and (3) prejudice to the responding party: Hoffelner v. Whiteley, 2024 ONCA 753, at para. 10. The inquiry into the merits of the appeal cannot be exacting at this stage in the litigation given the incomplete record available and the consequence of denying the motion, which is the loss of the right to even argue the appeal. As Gillese J.A. stated in Jewish Foundation of Greater Toronto (Re), 2022 ONCA 581, 1 C.B.R. (7th) 1, at para. 28: “I need only determine whether the Appeal has so little merit that the court could reasonably deny the important right of an appeal”.