The appellants, who are self-represented lawyers, appealed a Master's order dismissing their motion to set aside a Registrar's dismissal of their action for delay.
The Divisional Court upheld the Master's decision, finding that the appellants failed to meet any branch of the test to set aside the dismissal.
The court noted the appellants' near total abdication of their responsibility to move the case forward for many years, their failure to provide a reasonable explanation for the delay, and their failure to rebut the presumption of prejudice.
