The appellant appealed from an order refusing to reinstate an action that had been dismissed for delay.
The action was originally commenced in February 2011 against the respondent for $4,000,000 in damages.
The respondent failed to file a defence, but the registrar declined to sign default judgment.
The appellant failed to bring a motion for judgment, and the action was dismissed for delay in October 2011.
The appellant claimed she did not discover the dismissal until January 2018.
The motion judge found the delay inordinate, unsatisfactorily explained, and that reinstatement would undermine the finality principle.
The Court of Appeal upheld this decision and dismissed the appeal.