Salluce v. Hoang

The appeal was dismissed because the appellant advanced a patently false assertion and thus failed to provide a plausible explanation for the default; the appellate court will not overturn the trial judge’s discretionary credibility assessment in these circumstances.

Citation: 2007 ONCA 277
Parties: Plaintiff/respondent: Vincenzo Salluce; Defendant/appellant: Loc Xuang Hoang [also known as Tam Hoang and also known as Tommy Hoang]; Defendant/appellant: Lanh Thi Nguyen [also known as Lal Van Nguyen]
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 17 April 2007
Procedural Posture: Civil / Appeal From Order of Superior Court of Justice
Outcome: Appeal dismissed
Legal Topics: Default Judgment, Setting Aside Default, Credibility Findings
Source Language: English

Civil Procedure Appeal Costs Default Judgment Setting Aside Default Credibility Findings

Case Brief

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Parties

Vincenzo Salluce

Plaintiff/respondent

Loc Xuang Hoang [also known as Tam Hoang and also known as Tommy Hoang]

Defendant/appellant

Lanh Thi Nguyen [also known as Lal Van Nguyen]

Defendant/appellant

Procedural Posture

Civil / Appeal From Order of Superior Court of Justice

Legal Issues

1 Whether the appellant provided a plausible explanation to set aside the default judgment
2 Whether the appellate court should interfere with the trial judge’s discretionary assessment of credibility and default-setting applications

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs to the respondent in the amount of $4,500 inclusive of disbursements and GST