The appellant failed to appear on the scheduled appeal after its counsel was removed from the record for lack of instructions.
The court held that Rule 15.04 did not remove its jurisdiction under the Courts of Justice Act to deal with a properly scheduled appeal, and that the rule merely provided additional authority to dismiss an appeal before the hearing date for procedural failure.
Given the appellant's notice of the hearing date and of counsel's intention to be removed, and its failure either to attend or seek an adjournment, the court treated the matter as an abandoned appeal.
The appeal was dismissed with partial indemnity costs of $8,000 all inclusive to the respondents.
