The moving parties sought an extension of time to appeal two Small Claims Court decisions that vacated writs of seizure and sale, alleging the respondent relied on fraudulent debt settlement agreements with forged signatures.
At the hearing, the respondent conceded that the moving parties could bring a motion in Small Claims Court to set aside the orders for fraud under Rule 59.06 of the Rules of Civil Procedure, and agreed not to raise delay.
The Divisional Court dismissed the motion for an extension of time, directing the parties to proceed with motions in the Small Claims Court where the conflicting evidence could be better adjudicated.
