2 total
Appeal to set aside administrative dismissal denied due to self-represented lawyers' prolonged and unexplained delay.
The appellants, who are self-represented lawyers, appealed a Master's order dismissing their motion to set aside a Registrar's dismissal of their action for delay.
The Divisional Court upheld the Master's decision, finding that the appellants failed to meet any branch of the test to set aside the dismissal.
The court noted the appellants' near total abdication of their responsibility to move the case forward for many years, their failure to provide a reasonable explanation for the delay, and their failure to rebut the presumption of prejudice.
Procedural directions issued for a virtual appeal hearing, including electronic filing and Zoom protocols.
A case management endorsement setting out the procedural and technological directions for an upcoming virtual appeal hearing before the Divisional Court.
The court provided instructions on the use of Zoom, electronic document filing via a drop box, hyperlinking in factums, and time allocations for oral argument.
