The moving parties sought an extension of time to appeal and a stay of a judgment granting possession of a residential property and $10,000 in costs.
The underlying judgment was issued after their pleadings were struck for non-compliance with court orders, leading to an uncontested hearing.
The Court of Appeal dismissed the motion, finding that while the delay in appealing was brief and excusable, the proposed appeal lacked merit, and there were no exceptional circumstances to justify hearing an appeal from an uncontested proceeding.
