3 total
Appeal of order confirming a construction lien report dismissed with costs.
The appellant appealed an order dismissing its motion opposing the confirmation of a report made by an Associate Judge following a consolidated construction lien action.
The Divisional Court found no error of law or palpable and overriding error of fact in the motions judge's decision.
The appeal was dismissed, and costs were awarded to the respondents.
Motion for extension of time to appeal denied due to unexplained delay and lack of merit.
The moving party sought an extension of time to appeal a Small Claims Court decision that dismissed his claims as vexatious.
The Divisional Court dismissed the motion, finding that the moving party failed to provide a credible explanation for his seven-month delay, including an implausible claim that a destroyed phone prevented him from retrieving an email.
Furthermore, the court found the proposed appeal lacked merit as the underlying claims were classic follow-on litigation that should have been brought in the Superior Court.
Costs of $5,000 were awarded to the responding party.
Motion to oppose confirmation of Associate Justice's report in construction lien trial dismissed.
The moving party, a subcontractor, brought a motion to oppose the confirmation of an Associate Justice's report arising from a 24-day consolidated construction lien trial.
The subcontractor argued that the Associate Justice erred in finding that the general contractor did not breach the payment terms, that the termination of the contract was justified, and that the general contractor did not breach the duty of good faith.
The Superior Court of Justice found no errors in principle or palpable and overriding errors of fact or mixed fact and law in the Associate Justice's findings.
The motion to oppose confirmation was denied and the report was confirmed.
