The appellant appealed an Associate Justice's decision refusing to set aside a registrar's administrative dismissal of her action for delay.
The underlying action involved allegations of an improvident power of sale.
The Divisional Court upheld the Associate Justice's findings that the appellant failed to adequately explain the significant delay or establish an intention to proceed, and that the respondents suffered actual prejudice due to the death of a material witness and fading memories.
The appeal was dismissed with costs awarded to the respondents.
