The respondent municipality brought a motion to quash the appellant's second appeal as an abuse of process.
The appellant brought a responding motion to set aside the Registrar's order dismissing its first appeal for delay.
The Court of Appeal granted the motion to quash the second appeal, finding it was an abuse of process because the first appeal on the merits had already been dismissed for delay.
However, the Court exercised its discretion to set aside the Registrar's order dismissing the first appeal, accepting the delay in settling the formal judgment as an adequate explanation, subject to strict conditions regarding representation, filing an amended notice of appeal, and ordering transcripts.
