The appellant appealed a Small Claims Court order that dismissed his motion to set aside an earlier order dismissing his action for construction defects.
The appellant had failed to attend the hearing where his action was dismissed.
The Divisional Court found that the appellant was out of time to appeal the original dismissal order and that there was no error of law or palpable and overriding error of fact in the subsequent orders refusing to set it aside.
The appeal was dismissed.
