Telus Communications Inc. v. Marche

Telus Communications Inc. v. Marche

The motion judge correctly applied the governing principles, concluded the proposed defences lacked any air of reality and lawfully exercised her discretion; there was no basis to interfere and the appeal was dismissed.

Source-derived case information.

Citation
2021 ONCA 873
Parties
Plaintiff (respondent): Telus Communications Inc.; Defendant (appellant): Patricia Marche (also known as Patricia Kerr and Patricia Marche-Kerr); Defendant (appellant): 1261140 Ontario Inc.; Defendant (respondent): Susan Worsley
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 December 2021
Procedural Posture
Civil / Appeal From Motion Judge's Order Refusing to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Judicial Discretion, Air of Reality Test, Costs
Source Language
english
Civil Procedure Collections Appeal Setting Aside Default Judgment Judicial Discretion Air of Reality Test Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Telus Communications Inc.

Plaintiff (respondent)

Patricia Marche (also known as Patricia Kerr and Patricia Marche-Kerr)

Defendant (appellant)

1261140 Ontario Inc.

Defendant (appellant)

Susan Worsley

Defendant (respondent)

Procedural Posture

Civil / Appeal From Motion Judge's Order Refusing to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the motion judge erred in refusing to set aside the default judgment
  2. 2 Whether the appellants' proposed defences had an air of reality
  3. 3 Whether the motion judge's exercise of discretion was reviewable

Ratio Decidendi

The motion judge correctly applied the governing principles, concluded the proposed defences lacked any air of reality and lawfully exercised her discretion; there was no basis to interfere and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Costs to the respondent in the amount of $13,000 inclusive of disbursements and taxes.