WALCZAK v HENDRIX LAW

The Applicant applied to restore an Appeal that had been deemed abandoned after he failed to post Security for Costs. The Applicant’s earlier attempt to appeal the Security for Costs Order was also dismissed. The Appellant argued that his financial situation prevented compliance and sought to revive the Appeal under the Rules of Court.

Justice Grosse applied the governing principles for restoring Appeals, emphasizing that restoration will rarely be granted where an Appeal was abandoned for failure to post Security for Costs. At a minimum, Grosse J.A. held that an Applicant must show that Security has been posted or that there was a genuine attempt to do so. The Court found that the Applicant had not posted Security and did not provide sufficient evidence to support his claim that he was unable to do so.  

The Court also noted that the Applicant’s arguments focused on the merits of underlying foreclosure litigation, which was not directly before the Court. Considering the procedural history and the lack of merit in the proposed Appeal, Justice Grosse held that this was not a rare case where restoration was justified. The Application to restore the Appeal was therefore dismissed.