Baltman J.

The appellant insurer appealed a motion judge's order lifting a stay of proceedings and refusing to dismiss the plaintiff's 18-year-old action for long-term disability benefits for delay.

The Divisional Court allowed the appeal, finding the motion judge made palpable and overriding errors, including incorrectly finding the appellant had consented to the stay and failing to recognize the prejudice caused by the delay.

The Court concluded the delay was inordinate, inexcusable, and created a substantial risk that a fair trial was no longer possible, and accordingly dismissed the plaintiff's action.

The appellant appealed a motion judge's order dismissing a motion to transfer an application to the Divisional Court.

The underlying application sought a declaration that the Minimum Maintenance Standards regulation was ultra vires and invalid, arising from a motor vehicle accident tort action against a municipality.

The Divisional Court dismissed the appeal, finding that under section 8 of the Judicial Review Procedure Act, the motion judge had the discretion to retain jurisdiction over the application rather than transferring it, and that this discretion was exercised reasonably to facilitate judicial economy.

The appellants appealed a trial decision in a construction lien action, arguing the trial judge misapprehended evidence, failed to find a verbal contract altering payment terms, and was biased.

The Divisional Court dismissed the appeal, finding the trial judge's conclusions were supported by the evidence and the unambiguous written agreement.

The court also rejected the bias allegation, noting it was not raised at trial and had no basis.

Costs of $25,000 were awarded to the respondents.