Eisen v. 2293398 Ontario Inc.

Eisen v. 2293398 Ontario Inc.

The motion was dismissed because the appellant failed to demonstrate irreparable harm, failed to show a strong or arguable defence or a plausible explanation for the default, and the balance of convenience favoured the respondent whose security was at risk due to longstanding arrears and failure to maintain tax, insurance and hydro accounts; further, the writ and notice had been executed making aspects moot.

Citation
2021 ONCA 537
Parties
Plaintiff/respondent: Melvyn Eisen; Defendant/appellant: 2293398 Ontario Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 July 2021
Procedural Posture
Collection / Urgent Motion for Stay and Repossession Pending Appeal (court of Appeal Motion)
Outcome
Motion dismissed
Legal Topics
Default Judgment, Set Aside, Writ of Possession, Stay Pending Appeal, Interlocutory Injunction, Repossession, Irreparable Harm, Balance of Convenience
Source Language
English
Civil Property Mortgage and Charge Appeal Procedural Law Default Judgment Set Aside Writ of Possession +5 more

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Parties

Melvyn Eisen

Plaintiff/respondent

2293398 Ontario Inc.

Defendant/appellant

Procedural Posture

Collection / Urgent Motion for Stay and Repossession Pending Appeal (court of Appeal Motion)

Legal Issues

  1. 1 Whether to stay the decision refusing to set aside the default judgment pending appeal
  2. 2 Whether to stay writ for possession and enforcement pending appeal
  3. 3 Whether to grant repossession of the property pending appeal

Ratio Decidendi

The motion was dismissed because the appellant failed to demonstrate irreparable harm, failed to show a strong or arguable defence or a plausible explanation for the default, and the balance of convenience favoured the respondent whose security was at risk due to longstanding arrears and failure to maintain tax, insurance and hydro accounts; further, the writ and notice had been executed making aspects moot.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed; no order for repossession pending appeal; stay of writ and notice to vacate refused (moot as enforcement executed)