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Motion to set aside Registrar's dismissal for delay granted due to administrative error.
The appellant brought a motion to set aside the Registrar's order dismissing her appeal for delay.
The court found that the appellant met the test to restore the appeal, noting she maintained a firm intention to appeal, provided a reasonable explanation for the delay due to a mistake at the Registrar's office, and raised serious issues.
The motion was granted, the appeal was restored, and the appellant was ordered to perfect the appeal by a specified date.
No costs were awarded.
Leave to appeal interlocutory order imposing payment terms for adjournment denied.
The tenant applied for leave to appeal an interlocutory order that imposed the payment of $74,555.50 as a term of adjourning the mortgagee's application for possession and arrears.
The tenant argued the motions judge failed to consider its claim for set-off based on repair expenses.
The Divisional Court dismissed the application for leave, finding no reason to doubt the correctness of the discretionary order and no conflicting decisions on the issue of a tenant's right to set-off against a mortgagee in possession in these circumstances.
