In Mulders v. Baggia (Div Ct, 2025) the Divisional Court dismissed a motion to extend time to commence a Small Claims appeal, here where appeal was sought from a dismissal of a set aside motion against a default order:[Rules of the Small Claims Court: R11.06]:
[34] The motion judge’s decision to either dismiss or grant a motion to set aside default is discretionary: r. 11.06, Rules of the Small Claims Court. It is not the role of an appellate court to replace the motion judge’s exercise of that discretion. An appellate court should only intervene where the motion judge’s discretion was exercised on a wrong principle of law or a clear error was made: Laredo Construction Inc. v. Sinnadurai, 2005 CanLII 46934 (ON CA); Bottran v. Vroom, 2002 CanLII 41691 (ON CA).
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
