Veldhuis v. 1228839 Ontario Inc. (The Golden Tap)

Veldhuis v. 1228839 Ontario Inc. (The Golden Tap)

The appeal was dismissed because the appellant did not demonstrate that the respondent would suffer no prejudice if the default judgment were set aside, so the trial judge did not err in refusing to set aside the default judgment.

Citation
2007 ONCA 290
Parties
Plaintiff (respondent): Daniel Veldhuis; Defendant (appellant): 1228839 Ontario Inc. carrying on business as The Golden Tap; L.K.; F.K.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
20 April 2007
Procedural Posture
Civil Appeal / Court of Appeal Decision (appeal From Superior Court of Justice Order Dated July 26, 2006)
Outcome
Appeal dismissed; order of Justice Gordon Thomson dated July 26, 2006 affirmed
Legal Topics
Setting Aside Default Judgment, Prejudice Requirement, Costs Award, Publication Ban
Source Language
English
Civil Procedure Appeal Default Judgment Costs Youth Publication Ban Setting Aside Default Judgment Prejudice Requirement Costs Award +1 more

Case Brief

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Parties

Daniel Veldhuis

Plaintiff (respondent)

1228839 Ontario Inc. carrying on business as The Golden Tap; L.K.; F.K.

Defendant (appellant)

Procedural Posture

Civil Appeal / Court of Appeal Decision (appeal From Superior Court of Justice Order Dated July 26, 2006)

Legal Issues

  1. 1 Whether the trial judge erred in refusing to set aside the default judgment
  2. 2 Whether the appellant demonstrated that the respondent would suffer no prejudice if the default judgment were set aside
  3. 3 Whether costs should be awarded and in what amount

Ratio Decidendi

The appeal was dismissed because the appellant did not demonstrate that the respondent would suffer no prejudice if the default judgment were set aside, so the trial judge did not err in refusing to set aside the default judgment.

Court Disposition

Appeal dismissed; order of Justice Gordon Thomson dated July 26, 2006 affirmed

Orders

  • Appeal dismissed
  • Costs of the appeal in the amount of $3,500 awarded to the respondent, all inclusive