Add-Vance Service Centre Ltd. v. Triloq Corp.

Add-Vance Service Centre Ltd. v. Triloq Corp.

The Court quashed the notice of appeal because a default judgment is interlocutory and not a final order under s.6(1)(b) of the Courts of Justice Act, and the correct remedy to challenge a default judgment is a motion to set aside under r.19.08; costs were awarded to the moving parties on a substantial indemnity basis in the amount of $7,000 all-inclusive.

Citation
2024 ONCA 940
Parties
Plaintiff/respondent (moving Party): Add-Vance Service Centre Ltd.; Plaintiff/respondent (moving Party): Abdalrahman Alhazmy; Defendant/appellant (responding Party): Triloq Corp.; Defendant/appellant (responding Party): Edgar Bray
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 December 2024
Procedural Posture
Civil / Motion to Quash Notice of Appeal on Appeal From Superior Court Default Judgment (unopposed)
Outcome
Motion to quash the notice of appeal granted; notice of appeal quashed.
Legal Topics
Default Judgment, Interlocutory Order, Motion to Quash Notice of Appeal, Costs, Rule 19.08 Set Aside
Source Language
English
Civil Procedure Appeal Commercial Law Default Judgment Interlocutory Order Motion to Quash Notice of Appeal Costs Rule 19.08 Set Aside

Case Brief

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Parties

Add-Vance Service Centre Ltd.

Plaintiff/respondent (moving Party)

Abdalrahman Alhazmy

Plaintiff/respondent (moving Party)

Triloq Corp.

Defendant/appellant (responding Party)

Edgar Bray

Defendant/appellant (responding Party)

Procedural Posture

Civil / Motion to Quash Notice of Appeal on Appeal From Superior Court Default Judgment (unopposed)

Legal Issues

  1. 1 Whether a default judgment is a final order appealable to the Court of Appeal under s.6(1)(b) of the Courts of Justice Act
  2. 2 Whether the notice of appeal should be quashed
  3. 3 What costs order, if any, is appropriate

Ratio Decidendi

The Court quashed the notice of appeal because a default judgment is interlocutory and not a final order under s.6(1)(b) of the Courts of Justice Act, and the correct remedy to challenge a default judgment is a motion to set aside under r.19.08; costs were awarded to the moving parties on a substantial indemnity basis in the amount of $7,000 all-inclusive.

Court Disposition

Motion to quash the notice of appeal granted; notice of appeal quashed.

Orders

  • Motion to quash the notice of appeal granted
  • Notice of appeal quashed