The appellants sought an extension of time to appeal a decision by Sosna J. dismissing their motion to set aside a default judgment in a mortgage action.
The respondent bank had obtained a default judgment and a writ of possession.
The appellants' appeal to the Court of Appeal was well out of time.
Although the court found that the appellants intended to appeal within the appeal period and the delay was not long, the motion was dismissed on the merits.
The appellants had not paid the mortgage in months and were merely seeking to delay execution of the default judgment through the appeal process.
Costs were awarded to the respondent.
