The respondent moved to dismiss the appellant's appeal in the Court of Appeal for failure to file a factum within the fixed delay.
A judge of the Court of Appeal granted the motion pursuant to art. 505 of the Code of Civil Procedure.
The Supreme Court of Canada allowed the appeal, finding that the exercise of the judge's discretion was not reasonable given the circumstances.
The appellant was granted a peremptory delay of ten days to serve and file his factum.
