The plaintiff sought an extension of time to file a notice of appeal from a Master's order that set aside service of the statement of claim outside Ontario and stayed the proceeding.
The court applied the test for extending time to appeal and found that the proposed appeal lacked merit.
The defendant, a resident of Quebec, had no connection to Ontario other than refusing to testify pursuant to an interprovincial summons in another proceeding.
The court agreed with the Master that there is no independent action for contempt of court and that the claim did not fall within the rules for service ex juris.
The motion was dismissed with costs.
