Key Points:
- Issue: Fariborz Tavana, on behalf of Master Tech Inc., sought to set aside an order that dismissed his motion for an extension to file a notice of appeal.
- Background:
- Orders in Question:
- February 15, 2023: Master Tech Inc. was ordered to pay costs.
- April 3, 2023: The 2018 action by Master Tech was dismissed.
- Previous Rulings: A prior appeal attempt in May 2023 was dismissed as frivolous and vexatious.
- Key Barriers to Motion:
- Master Tech Inc. was dissolved in 2020, making it ineligible to appeal as a corporation.
- Tavana did not obtain court permission to represent the dissolved company, despite being advised of this several times.
- No reviewable error was identified in the previous decision by Nordheimer J.A.
- Court’s Conclusion: The motion lacked merit due to delays, procedural deficiencies, and the dissolution of the company. The court dismissed the appeal and ordered Tavana to pay $5,000 in costs to the respondents.
Outcome: Motion dismissed. Costs awarded to the respondents.