“The test for dismissing an appeal for delay in civil actions was succinctly stated by Weiler J.A. in Paulsson v. Cooper, 2010 ONCA (CanLII), at para. 2:
The factors a court should consider in deciding whether to grant this type of motion are well-known. They are: whether the applicant had an intention to appeal within the time for bringing an appeal; the length of the delay, and any explanation for the delay; any prejudice to the respondent caused by the delay; and the justice of the case. This last factor is most important and requires a consideration of the merits of the appeal.
An added element in family cases involving children is the effect of delay on the best interests of the child. Stability and finality in custody issues are very important for children, especially younger children, and this too must be taken into account is assessing delay: see D.G. v. A.F, 2014 ONCA 436 (CanLII), at paras. 17, 33-34, citing the Children’s Law Reform Act, R.S.O. 1990 c. C.12, s. 19(a), and Van de Perre v. Edwards, 2001 SCC 60 (CanLII), [2001] 2 S.C.R. 1014, at para. 13.”
Children’s Aid Society of Toronto v. L.T., 2016 ONCA 146 (CanLII) at 6-7