What is the test for dismissing an appeal for delay?
British Columbia, Canada
The following excerpt is from Seattle Environmental Consulting Ltd. v. Workers’ Compensation Board of British Columbia, 2017 BCCA 386 (CanLII):
The appellants rely on Frew v. Frew as setting out the test to be met. In Frew, Chief Justice McEachern expressed the test for dismissing an appeal for delay in this way: I think the tests for this sort of thing are that there must first be inordinate delay; secondly, the delay must be unexplained or inexplicable; and thirdly, there must be prejudice.
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