The moving party brought a motion to set aside the Registrar's dismissal of her appeal for failure to perfect on time.
The delay was primarily caused by the moving party's initial appeal counsel, who failed to address fee waivers and properly serve documents.
The Court of Appeal applied the Paulsson factors and found that it was in the interests of justice to set aside the dismissal, as the moving party should not suffer the consequences of her lawyer's oversight, the appeal materials were essentially ready, and there was no prejudice to the children's best interests.
The motion was granted and the appeal was permitted to proceed.
