The appellant appealed an order of the Superior Court of Justice which refused to set aside a registrar's dismissal of his action for delay.
The appellant argued that the motion judge erred in her assessment of his explanation for the delay, whether the delay was inadvertent, and the prejudice to the respondents.
The Court of Appeal found no error in the motion judge's application of the governing legal principles or her findings of fact, noting that she properly balanced the competing interests of deciding cases on their merits and ensuring timely resolution.
Accordingly, the Court of Appeal dismissed the appeal and awarded agreed-upon costs to the respondents.
