Damiani v. QSR Group Inc.

Damiani v. QSR Group Inc.

The Court concluded the appellant failed to demonstrate a serious issue to be tried and there was no basis to interfere with Gray J.'s discretionary decision to dismiss the motion and grant default judgment, therefore the appeal was dismissed and costs awarded to the respondent.

Citation
2019 ONCA 725
Parties
Appellant (defendant): Lucy Damiani; Respondent (plaintiff): QSR Group Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 September 2019
Procedural Posture
Civil Appeal / Appeal From Judgment of the Superior Court of Justice; Motion to Set Aside Noting in Default and Default Judgment
Outcome
Appeal dismissed; costs awarded to respondent
Legal Topics
Default Judgment, Setting Aside Noting in Default, Stay Pending Appeal, Costs
Source Language
English
Civil Procedure Appeal Default Judgment Setting Aside Noting in Default Stay Pending Appeal Costs

Case Brief

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Parties

Lucy Damiani

Appellant (defendant)

QSR Group Inc.

Respondent (plaintiff)

Procedural Posture

Civil Appeal / Appeal From Judgment of the Superior Court of Justice; Motion to Set Aside Noting in Default and Default Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing the merits of the defence
  2. 2 Whether the noting in default should have been set aside
  3. 3 Whether the Court of Appeal should interfere with the trial judge's discretionary decision to grant default judgment

Ratio Decidendi

The Court concluded the appellant failed to demonstrate a serious issue to be tried and there was no basis to interfere with Gray J.'s discretionary decision to dismiss the motion and grant default judgment, therefore the appeal was dismissed and costs awarded to the respondent.

Court Disposition

Appeal dismissed; costs awarded to respondent

Orders

  • Appeal dismissed.
  • Costs of the appeal fixed in the amount of $4,600 to the respondent.