Where an applicant's delay in appealing is attributable to reliance on legal advice from successive solicitors that the decision below was correct, and the applicant acts promptly upon receiving contrary advice, the delay may be adequately explained even if it extends to four years. Where the appeal concerns only a point of law (such as a strike-out), the applicant is not required to demonstrate the arguability of the underlying substantive claim. Presumptive prejudice is weakened where the defendant had early notice of the claim through workers compensation proceedings and medical investigations were conducted.
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