Royal Bank of Canada v. Stovel

Royal Bank of Canada v. Stovel

The motion judge did not err: he properly exercised his discretion by refusing the adjournment after considering the merits and concluding there was no basis to set aside the default judgment; the Court of Appeal defers to that exercise of discretion and dismisses the appeal.

Citation
2014 ONCA 362
Parties
Plaintiff (respondent): Royal Bank of Canada; Defendant (appellant): Mark Andrew Stovel
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
5 May 2014
Procedural Posture
Collection / Appeal From Motion to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Adjournment, Setting Aside Judgment, Access to Justice, Costs
Source Language
English
Civil Collection Civil Procedure Debt Recovery Default Judgment Adjournment Setting Aside Judgment Access to Justice +1 more

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Parties

Royal Bank of Canada

Plaintiff (respondent)

Mark Andrew Stovel

Defendant (appellant)

Procedural Posture

Collection / Appeal From Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the motion judge erred in refusing the appellant's request for an adjournment
  2. 2 Whether the motion judge erred in dismissing the motion to set aside the default judgment
  3. 3 Whether there was any basis to set aside the default judgment

Ratio Decidendi

The motion judge did not err: he properly exercised his discretion by refusing the adjournment after considering the merits and concluding there was no basis to set aside the default judgment; the Court of Appeal defers to that exercise of discretion and dismisses the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order of the motion judge dated July 9, 2013 affirmed