The appellant appealed a Small Claims Court judgment but failed to perfect the appeal for over a year.
The respondents brought a motion to dismiss the appeal for delay.
The appellant subsequently filed a consumer proposal and argued that the appeal and motion were stayed under the Bankruptcy and Insolvency Act.
The Divisional Court held that the stay of proceedings under s. 69.2(1) of the BIA does not apply to an appeal initiated by the debtor.
Applying the Paulsson factors, the court dismissed the appeal for delay, noting the excessive delay, prejudice to the respondents, and the lack of merit in the appellant's arguments regarding language rights and the trial judge's assessment of evidence.
