The appellants moved to set aside an administrative dismissal of their Divisional Court appeal and to extend the time for appeal.
The appeal had been dismissed by the Registrar based on a misapprehension that no transcript was required.
The court found that the dismissal was an administrative error, as transcripts had been ordered and the trial judge had not yet issued a final judgment on the construction lien issues.
The court set aside the dismissal and granted the extension of time, finding the four-part test for an extension was met.
