Pamela Connolly

The plaintiff brought a motion for leave to appeal a decision of the lower court.

The defendants brought a cross-motion for security for costs.

The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions, no reason to doubt the correctness of the lower court's decision, and that the proposed appeal did not raise matters of general importance due to the exceptional factual circumstances of the case.

The court also dismissed the defendants' motion for security for costs, as there was no good reason to believe the plaintiff's action was frivolous and vexatious.

Given the mixed results, no costs were awarded.

The plaintiff appealed a Master's decision dismissing a motion to set aside a Registrar's order dismissing the action for delay.

The Divisional Court admitted new evidence showing the Master was inadvertently misled regarding the plaintiff's answers to undertakings and the timing of evidence on liability.

Finding that the Master made palpable and overriding errors of fact and that the defendant would suffer no prejudice, the Court allowed the appeal and set aside the dismissal order.