The moving party brought a motion under s. 21(5) of the Courts of Justice Act to review case management directions that struck his 267-page appeal factum and required him to obtain trial transcripts for a Small Claims Court appeal.
The Divisional Court dismissed the motion, finding the case management judge's directions reasonable and necessary given the moving party's flagrant breach of the Rules respecting transcripts and factums.
The court extended the deadline for the moving party to order transcripts but warned that failure to comply could result in the dismissal of his appeal.
