The appellant failed to serve and file its factum within the prescribed time, resulting in its appeal being deemed abandoned under article 503.1 of the Code of Civil Procedure.
The appellant filed a motion to be relieved from default, citing counsel's ignorance of the new provision.
The Court of Appeal dismissed the motion, holding it could only grant special leave to appeal, which it declined to do.
The Supreme Court of Canada allowed the appeal, holding that the Court of Appeal has the jurisdiction under its general power in article 523 to rectify an administrative abandonment to safeguard the rights of the parties, and that an error by counsel should not deprive a party of its rights where no injustice to the opposing party results.
