Tolulope Adewumi

The plaintiffs brought a motion to set aside a Registrar's Order dismissing their action for delay.

The action arose from an unpaid loan of $36,300 allegedly secured by a second mortgage handled by the defendant lawyer.

The plaintiffs experienced multiple issues with their legal representation, leading to the dismissal.

Applying the four-part test from Reid v. Dow Corning Corp., the court found the plaintiffs' explanation and promptness tenuous but prioritized the litigants' rights over their counsel's conduct.

Finding no significant prejudice to the defendant, the court set aside the dismissal on strict terms and awarded costs to the defendant in the cause.

The appellant vendor sold a property to the respondent purchaser, accepting two assigned mortgages as partial payment.

The appellant subsequently discovered the mortgaged properties were worth significantly less than the face value of the mortgages and sued for fraudulent misrepresentation.

The motion judge granted summary judgment to the respondents, finding no false representation.

The Court of Appeal allowed the appeal, holding that there was a genuine issue for trial as the record contained evidence from which a trial judge could infer that the respondents made false representations by words or conduct regarding the value of the mortgaged properties.