Michael W. Carlson

The plaintiffs moved to dismiss the defendants' appeal for delay, and the defendants brought a cross-motion to extend the time to perfect their appeal of a Master's order striking their pleadings.

The Master had previously struck the defendants' pleadings due to repeated failures to comply with timetables and court orders.

The Divisional Court found that the defendants failed to demonstrate a bona fide intention to appeal within the prescribed time, that the delay was excusable, or that the appeal had merit.

The court granted the plaintiffs' motion to dismiss the appeal for delay and dismissed the defendants' cross-motion for an extension of time.