The defendant brought a motion under s. 21(5) of the Courts of Justice Act to set aside a decision refusing leave to appeal.
The Divisional Court dismissed the motion because it was brought more than two years after the decision, well beyond the four-day limit in Rule 61.16(6), with no reasonable explanation for the delay.
Furthermore, the court noted that such a motion will only be granted if the motions judge declined jurisdiction, which did not occur in this case.
