Helen C. Walsh

The appellant appealed a judgment of the Superior Court of Justice in a bankruptcy matter.

The Court of Appeal dismissed the appeal, noting that the result followed the disposition of a companion action appeal (C43482) which had also been dismissed.

The appellants appealed a decision dismissing their action for delay.

The Court of Appeal found that the motion judge correctly stated the applicable principles and reasonably concluded that the delay was inordinate, raising a presumption of prejudice.

As the appellants provided no evidence to explain the delay, the Court of Appeal found no basis to disturb the motion judge's findings and dismissed the appeal with costs.