The appellant brought a motion to set aside an order of the Registrar dismissing his appeal for delay and to restore the appeal.
The underlying action involved a section 38 Bankruptcy and Insolvency Act proceeding regarding allegedly fraudulent conveyances.
The Court of Appeal dismissed the motion, finding that the appellant failed to act diligently after receiving the notice of intention to dismiss, that restoring the appeal would prejudice the respondents by delaying companion actions, and that the appellant had not appealed a subsequent order staying the trial of the main action.
