The applicants brought a motion to set aside an order of a single judge of the Divisional Court who had refused to extend the time to appeal.
The applicants argued the motion judge made a palpable and overriding error of fact by finding no evidence was filed, but the panel noted the motion record contained no affidavits.
The court refused to admit fresh evidence, noting the self-represented applicant was a sophisticated litigant and the evidence could have been adduced earlier with due diligence.
The motion was dismissed as devoid of merit, and costs of $53,000 were awarded to the respondents on a partial indemnity scale.
