Counsel further relies on the decision in Symbol Yachts v. Canada [See Note 2 below] as authority that while the court has the jurisdiction to extend the time provided for a peremptory order which has not been complied with, failure to comply with such an order is generally considered to be contumelious conduct, and therefore there is a presumption that the party ought not to be allowed to proceed following a breach of a peremptory order. Counsel argues that the conduct of the plaintiffs in serving amended materials two days before the scheduled date for the defendants to file their materials in the original motion is such conduct.
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