Frankie Tomatto's Woodbine Inc. v. De Groot

Frankie Tomatto's Woodbine Inc. v. De Groot

The appeal was dismissed because the motion judge reasonably concluded the appellant failed to move expeditiously and did not adequately explain the extensive delays, and properly considered prejudice and the appellant's litigation conduct when refusing to set aside the noting in default and default judgment.

Citation
2015 ONCA 739
Parties
Plaintiff (respondent): Frankie Tomatto's Woodbine Inc.; Defendant (appellant): Robin De Groot; Defendant (appellant): 2215208 Ontario Inc.; Defendant (appellant): Evan Karras; Defendant (appellant): Calvin Htut
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 November 2015
Procedural Posture
Civil / Appeal From Motion to Set Aside a Noting in Default and Default Judgment
Outcome
Appeal dismissed; motion to set aside noting in default and default judgment dismissed.
Legal Topics
Setting Aside Default Judgment, Undue Delay, Prejudice, Costs
Source Language
English
Civil Procedure Appeal Enforcement of Judgments Setting Aside Default Judgment Undue Delay Prejudice Costs

Case Brief

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Parties

Frankie Tomatto's Woodbine Inc.

Plaintiff (respondent)

Robin De Groot

Defendant (appellant)

2215208 Ontario Inc.

Defendant (appellant)

Evan Karras

Defendant (appellant)

Calvin Htut

Defendant (appellant)

Procedural Posture

Civil / Appeal From Motion to Set Aside a Noting in Default and Default Judgment

Legal Issues

  1. 1 Whether the appellant moved expeditiously to set aside the noting in default and default judgment
  2. 2 Whether the motion judge failed to consider the potential prejudice to the parties
  3. 3 Standard of review for discretionary decisions to set aside default judgments

Ratio Decidendi

The appeal was dismissed because the motion judge reasonably concluded the appellant failed to move expeditiously and did not adequately explain the extensive delays, and properly considered prejudice and the appellant's litigation conduct when refusing to set aside the noting in default and default judgment.

Court Disposition

Appeal dismissed; motion to set aside noting in default and default judgment dismissed.

Orders

  • Appeal dismissed
  • Motion to set aside the noting in default and default judgment dismissed