Bodkin Leasing Corporation v. Celej

Bodkin Leasing Corporation v. Celej

The appeal was dismissed because the appellant failed to act promptly after effective service and notice, provided an insufficient and unsupported explanation for her default, did not timely move to set aside the default judgment, and produced no objective evidence to challenge the commercial reasonableness of the sale, so the motion judge's dismissal and costs awards were properly upheld.

Citation
2011 ONCA 25
Parties
Respondent (plaintiff): Bodkin Leasing Corporation; Appellant (defendant): Monika Celej also known as Monika Celey also known as Monika Celei also known as Monika Pruszynska
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 January 2011
Procedural Posture
Collection / Appeal From Motion to Set Aside Default Judgment
Outcome
Appeal dismissed; motion judge's decision affirmed
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Examinations in Aid of Execution, Writ of Execution, Commercial Reasonableness of Sale, Costs
Source Language
English
Civil Collection Civil Procedure Default Judgment Setting Aside Judgment Service of Process Examinations in Aid of Execution Writ of Execution +2 more

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Parties

Bodkin Leasing Corporation

Respondent (plaintiff)

Monika Celej also known as Monika Celey also known as Monika Celei also known as Monika Pruszynska

Appellant (defendant)

Procedural Posture

Collection / Appeal From Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the motion judge's reasons were adequate
  2. 2 Whether the default judgment should be set aside
  3. 3 Whether service and notice were effective and timely

Ratio Decidendi

The appeal was dismissed because the appellant failed to act promptly after effective service and notice, provided an insufficient and unsupported explanation for her default, did not timely move to set aside the default judgment, and produced no objective evidence to challenge the commercial reasonableness of the sale, so the motion judge's dismissal and costs awards were properly upheld.

Court Disposition

Appeal dismissed; motion judge's decision affirmed

Orders

  • Appeal dismissed.
  • Motion judge's dismissal of the motion to set aside the default judgment affirmed.