The appellants' action was dismissed by a motion judge because they were two days late in paying an $8,000 costs award mandated by a peremptory scheduling order.
The appellants appealed the dismissal.
The Court of Appeal allowed the appeal, finding that the motion judge exercised her discretion unreasonably by failing to consider the justice of the case, the lack of prejudice to the respondents, and the minor nature of the breach.
The Court extended the time for compliance and reinstated the action.
