The appellant appealed an order of the motions judge who refused an adjournment and dismissed the counter-application.
The appellant's former counsel had requested an adjournment to allow new counsel to file a Notice of Change of Solicitor, but the motions judge refused because former counsel could not contact the new counsel who was in another court.
The Court of Appeal (majority) held that the motions judge did not reasonably exercise his discretion and should have given the appellant a reasonable time to confirm new counsel.
The appeal was allowed and the order set aside.
Abella J.A. dissented, finding no error in the motions judge's discretion given the appellant's history of delay.
