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Motion to set aside order dismissed due to lack of evidence to relieve from rules.
The moving party brought a motion pursuant to s. 21(5) of the Courts of Justice Act to set aside an order of Gans J. The Divisional Court considered the criteria for setting aside a Registrar's order, noting that the overriding consideration is what the justice of the case requires.
The court found that Gans J. was entitled to conclude there was insufficient evidence to relieve the appellant from the operation of the rules.
The motion was dismissed with costs payable from the estate and charged against the moving party's interest.
Appeal of registrar's dismissal order denied due to insufficient evidence explaining delay in perfection.
The appellant brought a motion to set aside an Assistant Registrar's order that struck out her proposed appeal of a judgment regarding her late mother's will for failing to perfect the appeal in a timely fashion.
The court found that the appellant failed to provide sufficient sworn evidence explaining the delay, relying instead on an affidavit from a legal assistant based on information and belief, and unsworn representations from counsel.
The court dismissed the appeal, concluding that the appellant had not met the prerequisites to be relieved from the operation of the Rules.
