If your appeal is dismissed for delay by the registrar

If your appeal is dismissed for delay by order of the registrar of the Divisional Court, you may make a motion to a judge of the Divisional Court to have the registrar’s order “varied” (changed) or “set aside” (cancelled) under Rule 61.16(5) of the Rules of Civil Procedure (Rules). The Rules say that you must commence your motion by serving a Notice of Motion on all of the other parties to your appeal as soon as possible after you learn that the appeal has been dismissed. If you delay, you could lose your right to bring the motion.

If your motion is successful, your appeal may be reinstated. If your motion is not successful, you may have to pay costs to the other parties.

If your appeal is dismissed as abandoned because you did not appear on your hearing date

If you do not go to court on the date your appeal is heard, then the Divisional Court may dismiss it as abandoned. If this happens, it is strongly recommended you speak to a lawyer about your options. Learn more about how to find a lawyer.