The appellants appealed an order striking their pleadings for failure to pay an outstanding costs award of $260,500.
They also sought to file fresh evidence and adjourn the appeal to advance an allegation that the underlying debt resulted from a fraudulent signature.
The court held that the order under appeal was a discretionary decision and found no basis to interfere, particularly given the motion judge's history with the matter.
It further held that the alleged fraud issue was not properly before the court because judgment had already been granted on that issue in an unappealed decision.
The appeal was dismissed with costs.
