“In Rizzi v. Mavros (2007), 85 O.R. (3d) 40 (C.A.), at para. 16, Gillese J.A. set out the factors to consider on a motion for leave to extend time to file an appeal:
(1) whether the appellant formed an intention to appeal within the relevant period;
(2) the length of the delay and explanation for the delay;
(3) any prejudice to the respondent;
(4) the merits of the appeal; and
(5) whether the “justice of the case requires it.”