On an application to extend time for compliance with a springing order, the defaulting party bears the onus of establishing why the litigation should continue. The court will have regard to: (1) the circumstances in which the springing order was made; (2) the reason for non-compliance; (3) prejudice to the defaulting party; and (4) prejudice to the other party. The merits of the underlying case are relevant but an apparently meritorious case cannot insulate a party from the consequences of non-compliance.
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