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The Court of Appeal for Ontario granted a motion to include motion transcripts in the appeal record and extended time to perfect the appeal after an unsworn affidavit issue.
The Court of Appeal for Ontario granted a review motion, set aside a motion judge’s order, and extended time to perfect an appeal where defects were technical and no prejudice was shown.
Motion dismissed because the appellant failed to comply with the previously granted extension and did not file required materials; the claim of inadvertence was rejected given the appellant's history of non-compliance and the delay (including a one‑month gap after being notified); granting relief would prejudice respondents and undermine finality; applying the Sickinger factors and considering merits and prejudice, the court refused to set aside the administrative dismissal or grant further extension.
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Registrar correctly dismissed the appeal because the judicially imposed 30‑day perfection deadline (30 days from receipt of Ramsay J.'s June 27, 2023 reasons) was clear and binding and the Registrar had no power to vary it; the motion judge refused to set aside the dismissal and to extend time because the appellant offered no satisfactory evidentiary explanation for the delay, the delay prejudiced respondents seeking finality, and the appeal lacked sufficient arguable merit such that justice did not require an extension.
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Registrar's motion to dismiss is granted because the appellant failed to perfect the appeal as required by Rule 90.43, did not establish a sufficient excuse for the lengthy noncompliance, the appeal raised no arguable issues and was moot given changed circumstances, and dismissal was in the interests of justice to conserve judicial resources.
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Registrar's dismissal was correctly left in place because the appellant failed to properly perfect and serve the motion as required by the Rules and the underlying appeal is frivolous and has no real chance of success; accordingly, setting aside the dismissal would not be in the interests of justice.
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The Registrar's motion to dismiss was granted because the appellant failed to perfect the appeal within ordered deadlines, did not provide adequate or timely evidence to excuse the defaults or demonstrate ability to comply in the future, and the prejudice to respondents and the public interest in finality and expedition outweighed the prejudice to the appellant; therefore the appeal was dismissed under Civil Procedure Rule 90.43.
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Appellant failed to perfect the appeal, ignored repeated Registrar inquiries and did not provide a good reason sufficient to excuse the default under the Islam factors; in the exercise of the Court's discretion the mandatory Registrar motion under Rule 90.43 must be granted and the appeal dismissed.
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The motion to set aside the dismissal and to extend time was denied because the appellant offered a lengthy unexplained delay with no steps taken after dismissal, and the proposed appeal lacked merit: the claim was discovered by January 28, 2016 based on the email exchange, making the action statute-barred under s.4 of the Limitations Act, 2002; accordingly the justice of the case did not require an extension of time.
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The Registrar's motion to dismiss was denied because the appellant provided a reasonable explanation for the delay (absence of a corollary relief order due to post‑decision exchanges and delay by the trial court), his grounds were arguable, he acted in good faith and demonstrated willingness and ability to comply with future directions, and the prejudice of dismissal to him outweighed prejudice to the respondent; the court exercised its discretion under Rule 90.43(4) to permit the appeal to proceed subject to a deadline to file the motion for date and directions.
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