The plaintiff brought a motion for an extension of time to appeal an order dismissing its motion to oppose confirmation of a Master's report in a construction lien action.
The plaintiff also sought an order requiring the defendants to repay monies obtained out of court pursuant to the report.
The Divisional Court dismissed the motion, finding that while the plaintiff had an intention to appeal and an explanation for the delay, the defendants would suffer prejudice, the appeal lacked merit as it attacked factual findings, and the justice of the case did not favour the plaintiff.
