The moving party, a self-represented lawyer, brought a motion under section 21(5) of the Courts of Justice Act to set aside an order of a single judge of the Divisional Court that denied extensions of time to appeal various orders arising from a mortgage enforcement proceeding.
At the hearing, the moving party raised preliminary issues including a venue transfer, constitutional claims, and a request for the panel to recuse itself.
The Divisional Court dismissed the preliminary requests, denied an adjournment, and dismissed the motion on the merits, finding no error in the single judge's decision and no basis to grant leave to appeal the costs order.