Antique Treasures of the World Inc. v. Bauer

Antique Treasures of the World Inc. v. Bauer

MacKenzie J. correctly dismissed the defendant's motion because Dunn J.'s order, as signed and entered, did not impose an obligation to move for judgment and the Rules of Civil Procedure did not require such a motion on the facts; therefore the default judgment was properly granted and the appeal is dismissed.

Citation
C39655, M29881
Parties
Plaintiff/respondent: Antique Treasures of the World Inc.; Defendant/appellant: Michele Bauer; (third Party): Oakville Antique Mall Inc.; Defendant by Counterclaim/respondent (also Represented in Person): Lucie Brings
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
24 October 2003
Procedural Posture
Civil Appeal / Decision on Appeal From Superior Court of Justice (motion Dismissed; Default Judgment Upheld)
Outcome
Appeal dismissed
Legal Topics
Default Judgment Procedure, Motion to Set Aside, Interpretation of Court Orders, Costs Award
Source Language
English
Civil Procedure Appeal Costs Default Judgment Default Judgment Procedure Motion to Set Aside Interpretation of Court Orders Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Antique Treasures of the World Inc.

Plaintiff/respondent

Michele Bauer

Defendant/appellant

Oakville Antique Mall Inc.

(third Party)

Lucie Brings

Defendant by Counterclaim/respondent (also Represented in Person)

Procedural Posture

Civil Appeal / Decision on Appeal From Superior Court of Justice (motion Dismissed; Default Judgment Upheld)

Legal Issues

  1. 1 Whether MacKenzie J. erred in dismissing the defendant's motion to set aside the default judgment
  2. 2 Whether Dunn J.'s May 16, 2002 order required the plaintiff to move for judgment
  3. 3 Whether the Rules of Civil Procedure required the plaintiff to move for judgment

Ratio Decidendi

MacKenzie J. correctly dismissed the defendant's motion because Dunn J.'s order, as signed and entered, did not impose an obligation to move for judgment and the Rules of Civil Procedure did not require such a motion on the facts; therefore the default judgment was properly granted and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to the respondent fixed at $10,500 inclusive of disbursements and G.S.T.