Simon Sigler

The appellant sought to set aside a default judgment entered seven years earlier after her pleadings were struck for non-compliance with a costs order imposed as a condition of an adjournment.

The motion judge dismissed the motion, finding it was not brought promptly or pursued diligently and disbelieving the explanation offered.

On appeal, the court found no error in the motion judge's application of the test under Rule 19.08 for setting aside a default judgment, including findings of prejudice and tarnishing of the administration of justice.

The applicant brought a motion for an extension of time and leave to appeal a decision of the Municipal Property Assessment Corporation regarding the valuation of his property.

The applicant failed to attend the scheduled ZOOM hearing and requested an in-person 'Chancery' hearing, arguing he was not liable for property taxes as a 'natural person'.

The Divisional Court dismissed the motion due to the applicant's failure to attend and found the proposed appeal was an abuse of process and devoid of merit.

The court also imposed restrictions on the applicant's ability to commence further proceedings regarding property taxes without prior judicial permission.