The appellants appealed an order lifting a stay and dismissing a motion to amend a counterclaim.
The appellants abandoned the appeal against the order lifting the stay.
The Court of Appeal denied the appellants' request for an adjournment, noting they had been warned repeatedly to retain new counsel.
The Court found the record did not support the motion judge's finding of an agreement to abandon the counterclaim.
However, because the appellants failed to provide a draft counterclaim, the Court could not find the motion judge erred in dismissing the motion to amend.
The appeal was dismissed without prejudice to a renewed motion on proper material.
