Kauzlarick v. Auto Moto Ltd.

Kauzlarick v. Auto Moto Ltd.

The appeal was dismissed because the appellant failed to provide any explanation for the lengthy delay in seeking to set aside the default judgment, and the appellant's principal contention was not pleaded; absence of explanation for delay alone justified refusal to set aside the judgment.

Citation
C41538
Parties
Plaintiff/respondent: Dale Kauzlarick; Defendant/appellant: Auto Moto Ltd.; Defendant/appellant: Nikola Elez
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 November 2004
Procedural Posture
Civil Appeal / Appeal From Superior Court of Justice to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Delay in Bringing Motion, Pleadings
Source Language
English
Civil Procedure Default Judgment Setting Aside Judgment Delay in Bringing Motion Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

Dale Kauzlarick

Plaintiff/respondent

Auto Moto Ltd.

Defendant/appellant

Nikola Elez

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Superior Court of Justice to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing to set aside a default judgment
  2. 2 Whether the appellant's asserted defence was pleaded
  3. 3 Whether the delay in moving to set aside the judgment was adequately explained

Ratio Decidendi

The appeal was dismissed because the appellant failed to provide any explanation for the lengthy delay in seeking to set aside the default judgment, and the appellant's principal contention was not pleaded; absence of explanation for delay alone justified refusal to set aside the judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs in the amount of $7,500 inclusive of disbursements and GST