The appellant, Elizabeth Philbert, brought a motion to the Court of Appeal for Ontario to set aside a Registrar's dismissal of her previous motion.
This previous motion sought to review an order by Thorburn J.A. that had dismissed her attempt to extend time to perfect an appeal of a Superior Court order.
The Superior Court order, issued by Steele J., had dismissed her claim as frivolous, vexatious, or an abuse of process under Rule 2.1.01.
The Court of Appeal, through George J.A., denied Philbert's motion, finding that she failed to properly perfect her motion by serving the respondent and that the underlying appeal lacked merit, consistent with prior findings that her claims were vexatious litigation.
Costs were awarded to the respondent.