The Plaintiffs brought an Action against the Defendants alleging that the Defendant care centre had kidnapped and sexually assaulted the elder Plaintiff while she was in care. The Plaintiffs took no steps for at least four and a half years and the Action was dismissed for long delay by a Master pursuant to Rule 4.33. The Plaintiff appealed the Master’s Order to a Justice of the Court of Queen’s Bench, and the Appeal was dismissed. The Plaintiff then appealed to the Court of Appeal, but again failed to take any steps for nine and a half months. The Appeal was struck pursuant to Rule 14.23(1) and subsequently deemed abandoned pursuant to Rule 14.65(3). The Applicant sought to have her abandoned Appeal restored on the basis that it was in the public interest to do so. Justice Paperny held that the reasons for delay were not compelling, and the Appeal lacked merit. The Application to restore the Appeal was dismissed.