The appellant failed to close on a residential real estate transaction, prompting the respondent to seek damages and move for summary judgment.
After repeatedly breaching court-ordered timetables and failing to pay previously ordered costs, the appellant requested a further adjournment on a peremptory return date, which the motion judge refused.
On appeal, the Court of Appeal upheld the refusal, holding that the motion judge exercised her discretion properly in light of the appellant's contumelious delay and failure to comply with court orders, and that there was no denial of procedural fairness.
