The Court of Appeal for Ontario dismissed the appeal of Damodar Arapakota and the Arapakota 2006 Family Trust from the Superior Court’s order dismissing their application for delay.
The Court found no error in the motion judge’s conclusion that the delay was inordinate and inexcusable, and that the presumption of prejudice was not rebutted.
The Court also refused to admit fresh evidence, finding it could have been obtained earlier and would not have affected the outcome.
The appeal was dismissed and costs were awarded to the respondents.
