H-Net.Com Inc. v. Jackson

H-Net.Com Inc. v. Jackson

The Court of Appeal agreed with the motions judge that the appellants did not meet the test to set aside the default judgment and therefore dismissed the appeal.

Citation
C39539
Parties
Plaintiff/respondent: H-NET.COM INC.; Defendant/appellant: CARLTON M. JACKSON o/a IMPERIAL COMPUTER SOLUTIONS; Defendant/appellant: 1383065 ONTARIO LIMITED; Defendant/appellant: ANDRE HAMILTON; Defendant/appellant: SYSTEMS PERSONNEL LIMITED o/a M.I.S. CONSULTANTS; Defendant/appellant: LODGERICA C. BARNSWELL also known as L.C. BARNSWELL; Defendant/appellant: 1414047 ONTARIO INC.; Defendant/appellant: LOLA HAMI
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
21 January 2004
Procedural Posture
Civil Appeal / Appeal From Motion to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Costs
Source Language
English
Civil Procedure Appeal Setting Aside Default Judgment Costs

Case Brief

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Parties

H-NET.COM INC.

Plaintiff/respondent

CARLTON M. JACKSON o/a IMPERIAL COMPUTER SOLUTIONS

Defendant/appellant

1383065 ONTARIO LIMITED

Defendant/appellant

ANDRE HAMILTON

Defendant/appellant

SYSTEMS PERSONNEL LIMITED o/a M.I.S. CONSULTANTS

Defendant/appellant

LODGERICA C. BARNSWELL also known as L.C. BARNSWELL

Defendant/appellant

1414047 ONTARIO INC.

Defendant/appellant

LOLA HAMI

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the appellants met the statutory/common law test to set aside a default judgment
  2. 2 Whether costs should be awarded and in what amount

Ratio Decidendi

The Court of Appeal agreed with the motions judge that the appellants did not meet the test to set aside the default judgment and therefore dismissed the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs fixed at $7,500.00