2 total
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.
Appeal from refusal to set aside noting in default dismissed; stay of execution granted pending foreign appeals.
The appellants appealed a decision refusing to set aside a noting in default and enforcing a U.S. District Court judgment.
They argued there was a failure of natural justice because the self-represented appellant was not permitted to read her prepared submissions.
The Court of Appeal dismissed the appeal, finding the motion judge merely assisted in focusing submissions and committed no error in principle in refusing to set aside the default.
The court ordered a stay of execution pending the final resolution of the appellants' appeals in the United States.
