Delay in filing an application for leave to appeal from an interlocutory procedural order cannot be excused by the unavailability of a transcript of oral reasons; practitioners must take notes of oral judgments and act promptly. Where a hearing date is imminent, using a notice of intention to appeal followed by a delayed application for leave to appeal is inappropriate, and leave will be refused where the delay would prejudice the trial date. It remains open to the applicant to take objections to evidence at trial.
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