Background: The case involves a dispute between RVS Investments Inc. (Plaintiff) and HH Maple Investments Ltd. (Defendant) over failed property transactions in Vancouver’s west end.

Plaintiff's Claim: RVS Investments alleged the discovery of structural defects in the property after agreeing to a purchase price, leading to their financier withdrawing support and the transaction's failure.

Litigation History:

• RVS filed a civil claim and a certificate of pending litigation against the property.
• Following a settlement agreement and another failed transaction, HH Maple sought to release deposit monies and cancel the pending litigation.
• RVS repeatedly failed to appear in court, resulting in their action being struck and special costs awarded against them.

Current Application: RVS attempted to set aside the dismissal order, citing lack of notice due to incorrect address information from their former lawyer.

Court’s Decision:

• The court found RVS's lack of notice explanation implausible and their litigation conduct dilatory.
• Discretion would not have been exercised in RVS's favor due to their overall non-compliance.

Costs:

• RVS’s application was dismissed.
• HH Maple was awarded costs at Scale B.
• The court awarded ordinary costs to HH Maple, rejecting their claim for special costs of $1,500.

Conclusion: The court emphasized procedural compliance and deemed RVS's explanations for non-appearance implausible, leading to the dismissal of their application and costs awarded to HH Maple.