I accept that the length of the delay raises a presumption of prejudice in this case. However, this prejudice is tempered by the fact that the amount of the award appealed from is nominal and the special costs have not yet been assessed. In this case, the transcripts, appeal books and factums have been filed. As stated in Rowan v. Dunwoody et al., 1999 BCCA 755 at para. 21, “incurring the cost of Transcripts and Appeal Books is an important but not necessarily a conclusive factor in favour of allowing an appeal to proceed both in cases of extensions of time and in reinstating appeals.”
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