Bayview Financial, L.P. v. Spartan Collision Corporation

The Court agreed with the motion judge that the appellants failed to meet the test to set aside the default judgment because their affidavit evidence did not disclose a triable issue and the proposed defence had no merit; accordingly the appeal was dismissed.

Citation: 2007 ONCA 683
Parties: Plaintiff (respondent): Bayview Financial, L.P.; Defendant (appellant): Spartan Collision Corporation; Defendant (appellant): Peter Aliferis
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 9 October 2007
Procedural Posture: Collection / Appeal From Motion to Set Aside Default Judgment
Outcome: Appeal dismissed; motion judge's order refusing to set aside the default judgment upheld.
Legal Topics: Default Judgment, Setting Aside Judgment, Motion to Set Aside, Meritorious Defence
Source Language: English

Civil Collections Appeal Default Judgment Setting Aside Judgment Motion to Set Aside Meritorious Defence

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

Parties

Bayview Financial, L.P.

Plaintiff (respondent)

Spartan Collision Corporation

Defendant (appellant)

Peter Aliferis

Defendant (appellant)

Procedural Posture

Collection / Appeal From Motion to Set Aside Default Judgment

Legal Issues

1 Whether the appellants met the test to set aside the default judgment
2 Whether the affidavit evidence disclosed a triable issue
3 Whether the proposed defence had any merit

Ratio Decidendi

Court Disposition

Appeal dismissed; motion judge's order refusing to set aside the default judgment upheld.

Orders

Appeal dismissed.
Order of Justice David Moseley Brown dated April 26, 2007 upheld.