Canadian Imperial Bank of Commerce v. Csorba

Canadian Imperial Bank of Commerce v. Csorba

The motion judge applied the correct legal test for setting aside a default judgment, found the appellant's explanation for the deliberate ignoring of the claim unsatisfactory, and exercised his discretion reasonably; the Court of Appeal found no clear error and dismissed the appeal, awarding costs to the respondent.

Citation
2007 ONCA 211
Parties
Plaintiff/respondent: Canadian Imperial Bank of Commerce; Defendant/appellant: Kamellia J. Csorba; Defendant/appellant: Lynch & Mobbe Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 March 2007
Procedural Posture
Collection / Appeal From Superior Court; Motion to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Default, Motion to Set Aside, Discretion of Motion Judge, Costs
Source Language
English
Civil Procedure Collections Appeal Default Judgment Setting Aside Default Motion to Set Aside Discretion of Motion Judge Costs

Case Brief

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Parties

Canadian Imperial Bank of Commerce

Plaintiff/respondent

Kamellia J. Csorba

Defendant/appellant

Lynch & Mobbe Inc.

Defendant/appellant

Procedural Posture

Collection / Appeal From Superior Court; Motion to Set Aside Default Judgment

Legal Issues

  1. 1 What is an adequate explanation for a default?
  2. 2 Whether the motion judge erred in exercising discretion to refuse to set aside the default judgment
  3. 3 Whether an arguable defence alone is sufficient to set aside a default judgment

Ratio Decidendi

The motion judge applied the correct legal test for setting aside a default judgment, found the appellant's explanation for the deliberate ignoring of the claim unsatisfactory, and exercised his discretion reasonably; the Court of Appeal found no clear error and dismissed the appeal, awarding costs to the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent awarded costs fixed at $5,000 all inclusive