The respondent on an appeal from the Small Claims Court brought a motion before a judge of the Divisional Court to dismiss the appeal for delay.
The appellant argued that the court lacked primary jurisdiction to hear the motion.
The court agreed, finding that under Rule 61.13(1) of the Rules of Civil Procedure, a motion to dismiss an appeal for delay must be brought before the Registrar of the Divisional Court.
The court ordered the matter to be set down before the Registrar on an expedited basis and awarded costs of the motion to the respondent.