S. Lenard Kotylo

The appellants appealed an order dismissing their application to set aside the dismissal of their action.

The action had been dismissed in May 2012, but the appellants subsequently brought two motions for default judgment without disclosing the dismissal or complying with the Registrar's directions.

The motion to set aside the dismissal was brought over a year later.

The Court of Appeal found no error in the application judge's conclusion that the appellants failed to move promptly and lacked a valid explanation for the delay.

The appeal was dismissed with costs.

The appellant appealed the judgment of the Superior Court of Justice.

The Court of Appeal reviewed the submissions and new evidence filed by both parties but found no basis to interfere with the lower court's order.

The appeal was dismissed.

The court noted that the new evidence might be relevant to the appellant's child support obligation, and the dismissal was without prejudice to his right to bring an application to vary child support.

Costs of $1,000 were awarded to the respondent.