The moving party sought an extension of time to file a notice of motion for leave to appeal a Divisional Court decision that dismissed their action for delay.
Despite the brief delay in filing the motion for leave being due to counsel's inadvertence, the Court of Appeal dismissed the motion.
The court found the proposed appeal lacked merit and emphasized the moving party's long history of procedural misconduct, which caused significant prejudice to the responding parties, particularly due to the death of a critical witness whose evidence was never preserved.
The court concluded that the "justice of the case" demanded the dismissal of the motion to protect the integrity of the civil justice process and prevent an unfair adjudication on the merits.
