The appellant appealed a Small Claims Court decision that dismissed her motion to set aside a prior consent dismissal order.
The respondents moved to dismiss the appeal for delay.
The Divisional Court found that the appellant could not appeal a consent order without leave under s. 133(a) of the Courts of Justice Act.
Furthermore, the order dismissing the motion to set aside the consent order was interlocutory, not final, and therefore could not be appealed to the Divisional Court under s. 31 of the Courts of Justice Act.
The appeal was quashed without costs.
