Halton Condominion Corporation No. 242 v. Law Development Group (Georgetown) Limited

Halton Condominion Corporation No. 242 v. Law Development Group (Georgetown) Limited

The Court allowed the appeal and set aside the default judgment and the master’s order striking the statement of defence because the appellant adduced evidence raising a real concern about its former solicitors’ conduct and produced draft expert reports amounting to an arguable defence, with minimal prejudice to the respondent, thereby justifying relief and reinstatement of the defence.

Citation
C40914
Parties
Plaintiff/respondent: Halton Condominium Corporation No. 242; Defendant/appellant: Law Development Group (Georgetown) Limited; Defendant/appellant: The Corporation of the Town of Halton Hills; Defendant/appellant: The Ontario New Home Warranty Program
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 July 2004
Procedural Posture
Civil Collection / Appeal From Superior Court; Motion to Set Aside Default Judgment and Order of Master Striking Statement of Defence
Outcome
Appeal allowed; default judgment and master’s order striking statement of defence set aside; appellant permitted to defend the action
Legal Topics
Default Judgment, Striking Statement of Defence, Undertakings, Setting Aside Default Judgment, Solicitor Negligence, Arguable Defence, Costs
Source Language
English
Civil Procedure Appeals Solicitor Neglect Construction/condominium Litigation Default Judgment Striking Statement of Defence Undertakings Setting Aside Default Judgment +3 more

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Parties

Halton Condominium Corporation No. 242

Plaintiff/respondent

Law Development Group (Georgetown) Limited

Defendant/appellant

The Corporation of the Town of Halton Hills

Defendant/appellant

The Ontario New Home Warranty Program

Defendant/appellant

Procedural Posture

Civil Collection / Appeal From Superior Court; Motion to Set Aside Default Judgment and Order of Master Striking Statement of Defence

Legal Issues

  1. 1 Whether the default judgment and master’s order striking the statement of defence should be set aside
  2. 2 Whether the appellant’s former solicitors failed to communicate and comply with duties such that relief is justified
  3. 3 Whether the appellant has an arguable defence sufficient to warrant setting aside the default

Ratio Decidendi

The Court allowed the appeal and set aside the default judgment and the master’s order striking the statement of defence because the appellant adduced evidence raising a real concern about its former solicitors’ conduct and produced draft expert reports amounting to an arguable defence, with minimal prejudice to the respondent, thereby justifying relief and reinstatement of the defence.

Court Disposition

Appeal allowed; default judgment and master’s order striking statement of defence set aside; appellant permitted to defend the action

Orders

  • Set aside the default judgment granted below
  • Set aside the order of the master striking the statement of defence