Royal Bank of Canada v. Datanet Wireless Inc.

Royal Bank of Canada v. Datanet Wireless Inc.

The motion judge applied the correct legal test for setting aside a default judgment and his findings that the appellant failed to provide a satisfactory explanation for her failure to appear, failed to move promptly, and failed to establish an arguable defence in light of compelling evidence that loan funds were...

Source-derived case information.

Citation
2013 ONCA 706
Parties
Plaintiff (respondent): Royal Bank of Canada; Defendant: Datanet Wireless Inc.; Defendant (appellant): Janet Nelson; Defendant: Douglas Brent Hooton; Defendant: 1754903 Ontario Ltd.; Defendant: VirtuallyAnywhere.ca Inc.; Defendant: Wayne Cook; Defendant: Toronto Dominion Bank
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 November 2013
Procedural Posture
Civil Appeal / Appeal From Superior Court Order Dismissing Motion to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Arguable Defence, Procedural Fairness, Delay, Costs
Source Language
english
Civil Procedure Banking Collection Fraud Setting Aside Default Judgment Arguable Defence Procedural Fairness Delay +1 more

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Parties

Royal Bank of Canada

Plaintiff (respondent)

Datanet Wireless Inc.

Defendant

Janet Nelson

Defendant (appellant)

Douglas Brent Hooton

Defendant

1754903 Ontario Ltd.

Defendant

VirtuallyAnywhere.ca Inc.

Defendant

Wayne Cook

Defendant

Toronto Dominion Bank

Defendant

Procedural Posture

Civil Appeal / Appeal From Superior Court Order Dismissing Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the motion judge misapplied the test for setting aside a default judgment including the requirement of an arguable defence
  2. 2 Whether the appellant was denied natural justice when her pleading was struck
  3. 3 Whether the delay in bringing the motion to set aside the default judgment was undue

Ratio Decidendi

The motion judge applied the correct legal test for setting aside a default judgment and his findings that the appellant failed to provide a satisfactory explanation for her failure to appear, failed to move promptly, and failed to establish an arguable defence in light of compelling evidence that loan funds were transferred to her account were amply supported by the record; accordingly discretionary relief to set aside the default judgment was properly refused and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Respondent awarded costs of the appeal fixed at $25,000 inclusive of disbursements and all applicable taxes.