The Applicant sought Leave to Appeal a Decision denying him Leave to Restore an Appeal. Veldhuis J.A. held that the Application required her to exercise her discretion in a judicial manner in accordance with the principles of fundamental justice, and Leave to Appeal the decision of a single Judge pursuant to Rule 505 would be granted if the Applicant could establish that here was a serious question of general importance. Absent a question of general importance, the test for Leave to Appeal under Rule 505 is whether there was a possible error of law, discretion had been unreasonably exercised or the initial decision was based on a misapprehension of important facts.

Veldhuis J.A. held that the aforementioned tests were not met and the Applicant was simply re-arguing what he had argued before. The Application was dismissed.