Mark J. Freiman

The moving party sought a panel review of a prior order by Pardu J.A. that dismissed her motion to set aside a Registrar's order dismissing her appeal for delay and to extend time to perfect the appeal.

The Court of Appeal dismissed the review motion, finding no error in the motion judge's assessment of the moving party's delay or the lack of merit in the underlying appeal.

The appellant/moving party sought to review a previous order granting security for costs and motion costs.

The Court of Appeal dismissed the review motion, finding no reversible error in the original decision.

The moving party was ordered to post security for costs and pay specified motion costs within 30 days, failing which her further review motion would be automatically dismissed by the Registrar.

The appellant, Elisa Romero Hategan, moved to set aside the Registrar's dismissal of her appeal and for an extension of time to perfect it.

The underlying appeal was from a summary judgment that dismissed Hategan's claims (wrongful appropriation of personality, civil conspiracy, injurious falsehood, negligence, unlawful interference with economic interests) and awarded damages for defamation against her, along with a permanent injunction.

The Court of Appeal considered the factors for extending time to perfect an appeal, including the length of delay, explanation for delay, prejudice to respondents, and merits of the appeal.

The court found the appellant's delay unreasonable and the appeal to have little or no merit, as her original claims lacked evidentiary support for false statements and the defamation counterclaim was well-founded.

The motion to set aside the dismissal and extend time was dismissed.

The applicant brought a motion under Rule 59.06 and the court's inherent jurisdiction to reopen a previous decision dismissing her application to set aside an arbitral award.

She alleged fraud regarding statements made by opposing counsel during the arbitration and sought to introduce new evidence.

The court dismissed the motion, finding no evidence of fraud and concluding that the applicant was improperly attempting to reargue the merits of her application without meeting the test for fresh evidence.

The applicant lawyer sought to set aside an arbitral award that upheld LawPRO's decision to settle a claim against her without her consent.

The applicant argued she was denied procedural fairness under section 19 of the Arbitration Act because the arbitrator refused her request for an adjournment and allegedly forced LawPRO's preferred procedural approach on her.

The court found that the arbitrator properly exercised his discretion in denying the adjournment and that the applicant was not treated unfairly.

The application was dismissed.