The defendant sought an extension of time to appeal a Small Claims Court order that set aside a default judgment on the condition that he pay $5,000 into court.
The plaintiff had obtained the default judgment in 2007, and the defendant only moved to set it aside after being arrested for contempt for failing to attend judgment debtor examinations.
The Divisional Court dismissed the motion for an extension of time, finding that the defendant failed to demonstrate a continuing intention to appeal, his conduct showed a pattern of delay prejudicing the plaintiff, and he failed to articulate any error by the deputy judge.
