The applicant sought a motion for leave to appeal to the Court of Appeal from a Divisional Court decision that had dismissed his appeal of a Small Claims Court judgment.
The original action involved a claim for negligence against a condominium corporation for damages resulting from vandalism to the applicant's automobile in the condominium's underground garage.
The applicant alleged the vandalism resulted from a change in the security system.
The Divisional Court upheld the Small Claims Court's dismissal, finding the applicant failed to meet his burden of proving the condominium's security decision was unreasonable or that it foreseeably caused his loss.
The motion for leave to appeal was brought late, exceeding the 15-day filing period by more than 20 days.
The motion judge dismissed the application, finding the proposed appeal lacked merit as a matter of public importance and did not meet the threshold for a second appeal.
