RRP Investments Inc. v. Vision Immigration & Settlement Abroad Inc.

RRP Investments Inc. v. Vision Immigration & Settlement Abroad Inc.

The motion judge did not err in refusing to set aside the default judgment because the appellants produced no affidavit explaining the delay or evidencing a plausible defence; the judgment must be amended to reflect the respondent's undertaking to credit re-rental receipts against outstanding rent; appeal otherwise dismissed.

Citation
2015 ONCA 604
Parties
Plaintiff (respondent): RRP Investments Inc.; Defendant (appellant): Vision Immigration & Settlement Abroad Inc.; Defendant (appellant): Depinderdeep Singh; Defendant (appellant): T-Sharp Inc.; Defendant (appellant): Monisha Singh
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
9 September 2015
Procedural Posture
Collection / Appeal From Order Refusing to Set Aside Default Judgment (court of Appeal)
Outcome
Appeal dismissed except for adjustment to final judgment to reflect credit for re-rental; motion judge's order refusing to set aside default judgment affirmed.
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Statement of Claim, Plausible Defence, Credit for Re Rental, Costs
Source Language
English
Civil Property Landlord and Tenant Civil Procedure Appeal Default Judgment Setting Aside Judgment Service of Statement of Claim +3 more

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Parties

RRP Investments Inc.

Plaintiff (respondent)

Vision Immigration & Settlement Abroad Inc.

Defendant (appellant)

Depinderdeep Singh

Defendant (appellant)

T-Sharp Inc.

Defendant (appellant)

Monisha Singh

Defendant (appellant)

Procedural Posture

Collection / Appeal From Order Refusing to Set Aside Default Judgment (court of Appeal)

Legal Issues

  1. 1 Whether the motion judge erred in refusing to set aside the landlord's default judgment
  2. 2 Whether the appellants explained the delay in responding after service of the Statement of Claim
  3. 3 Whether the appellants put forward a plausible defence supported by affidavit evidence

Ratio Decidendi

The motion judge did not err in refusing to set aside the default judgment because the appellants produced no affidavit explaining the delay or evidencing a plausible defence; the judgment must be amended to reflect the respondent's undertaking to credit re-rental receipts against outstanding rent; appeal otherwise dismissed.

Court Disposition

Appeal dismissed except for adjustment to final judgment to reflect credit for re-rental; motion judge's order refusing to set aside default judgment affirmed.

Orders

  • Appeal dismissed.
  • Motion judge's order refusing to set aside the default judgment is affirmed.