The appellants appealed a Small Claims Court order refusing to set aside the dismissal of their action for delay.
The action, based on a promissory note, was dismissed after the appellants failed to note the respondent in default and subsequently failed to attend a rescheduled motion.
The Divisional Court found no error in the Deputy Judge's application of the four-part contextual test, noting the appellants failed to adequately explain a 10.5-month delay in bringing the motion to set aside the dismissal.
The appeal was dismissed with costs.
