The moving party tenant sought to vary a decision of a single judge of the Divisional Court that dismissed his appeal as abandoned.
The tenant had appealed a Landlord and Tenant Board eviction and arrears order but repeatedly failed to deliver his appeal materials despite multiple extensions of time.
The Divisional Court panel found no error in the case management judge's discretionary decision to dismiss the appeal, noting the tenant's repeated failure to meet court-ordered schedules.
The motion to review was dismissed with costs.