The Court of Appeal for Ontario heard a motion brought by the respondents to dismiss the appellants' (Bouragbas') appeal for delay, primarily due to the appellants' inability to obtain transcripts from lower court proceedings.
The underlying appeal concerned a motion to amend a statement of claim and lift a stay.
The court determined that transcripts were not necessary for the appeal, as it was essentially an appeal on a paper record concerning pleadings.
While not dismissing the appeal outright, the court ordered the appellants to perfect their appeal within 30 days, failing which it would be administratively dismissed.