The appellant's action was dismissed after she missed her trial date.
She appealed, arguing that she was in the hospital suffering from a severe mental disorder at the time.
The Court of Appeal allowed the appeal, finding the motion judge erred by not considering her uncontradicted evidence that she had called the court from the hospital.
Fresh evidence confirming her hospitalization was admitted, the dismissal was set aside, and costs of the appeal were awarded to the appellant.
