The respondent requested an adjournment of its appeal to retain new counsel after its previous counsel was removed from the record.
The applicants opposed the adjournment, citing a pattern of delay and concerns about the respondent's solvency, and brought a motion to dismiss the appeal.
The Divisional Court granted the adjournment but imposed strict terms, including making the new hearing date peremptory to the respondent, requiring the respondent to post security of $332,675, and ordering the respondent to pay $5,000 in costs thrown away.