Alderton v. Haylor Properties Niagara Inc.

Alderton v. Haylor Properties Niagara Inc.

The motion judge reasonably concluded the appellants, having had their defence struck and been noted in default, were not entitled to notice and their explanations for failing to attend the uncontested trial were immaterial; given their pattern of delay and the resulting prejudice and risk to the integrity of the justice system, the judge properly exercised discretion to deny the r.19.08 motion, and the Court of Appeal will not interfere.

Citation
2018 ONCA 483
Parties
Plaintiff/respondent: David Alderton; Defendant/appellant: Haylor Properties Niagara Inc.; Defendant/appellant: Andrea Wood
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
24 May 2018
Procedural Posture
Civil / Appeal From Motion to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Default Judgment, Striking Pleadings, Peremptory Trial, Costs
Source Language
English
Civil Procedure Employment Law Default Judgment Setting Aside Default Judgment Striking Pleadings Peremptory Trial Costs

Case Brief

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Parties

David Alderton

Plaintiff/respondent

Haylor Properties Niagara Inc.

Defendant/appellant

Andrea Wood

Defendant/appellant

Procedural Posture

Civil / Appeal From Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the motion judge erred in refusing to set aside a default judgment under r.19.08
  2. 2 Whether appellants provided an adequate explanation for failing to attend an uncontested trial
  3. 3 Whether the motion judge made palpable and overriding errors of fact

Ratio Decidendi

The motion judge reasonably concluded the appellants, having had their defence struck and been noted in default, were not entitled to notice and their explanations for failing to attend the uncontested trial were immaterial; given their pattern of delay and the resulting prejudice and risk to the integrity of the justice system, the judge properly exercised discretion to deny the r.19.08 motion, and the Court of Appeal will not interfere.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Motion judge's order dismissing motion to set aside default judgment confirmed