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Motion for extension of time to seek leave to appeal denied due to lack of merit.
The moving party, a former real estate broker whose licence was revoked, sought an extension of time to file an application for leave to appeal a Divisional Court decision.
The Divisional Court had previously declined to conduct a judicial review of a Licence Appeal Tribunal decision dismissing his appeal of a refusal to reinstate his licence, which occurred after he walked out of the tribunal hearing.
The Court of Appeal dismissed the motion for an extension of time, finding that the proposed appeal was entirely without merit and the moving party's explanations for the delay were not credible.
Appeal of LAT decision denying real estate broker registration dismissed; no procedural fairness breaches found.
The appellant, a former real estate broker whose license was revoked, appealed and sought judicial review of a Licence Appeal Tribunal decision denying his reapplication for registration.
He argued the Tribunal breached procedural fairness by denying his requests for a summons, an adjournment, and allegedly preventing him from recording the hearing.
The Divisional Court dismissed the appeal, finding the Tribunal properly exercised its discretion in denying the irrelevant summons and the last-minute adjournment.
The court noted the appellant was explicitly granted permission to record the hearing but failed to retain a reporter, and his deliberate choice to leave the hearing meant he failed to meet his evidentiary onus.
