Paul's Transport Inc. v. Immediate Logistics Limited

Paul's Transport Inc. v. Immediate Logistics Limited

The Court of Appeal dismissed the appeal: the Motion Judge did not err in dismissing the Third Motion for failure of the appellants to file the necessary record; conclusions of law and mixed fact-law are not deemed admitted under r.19.02(1)(a) (Umlauf rejected); Mr. O'Connor was properly held personally liable for knowingly assisting Immediate's breach of statutory trust under HTA s.191.0.1(3); the 2% monthly interest award was supported on the evidence of a verbal agreement and s.4 of the Interest Act did not apply to that verbal arrangement; interests of justice and finality weighed against varying the judgment.

Citation
2022 ONCA 573
Parties
Plaintiff (respondent): Paul's Transport Inc.; Defendant (appellant): Immediate Logistics Limited; Defendant (appellant): William "Bill" O'Connor; Defendant (appellant): Catherine Ann O'Connor
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
5 August 2022
Procedural Posture
Civil Appeal From Motion to Set Aside Default Judgment / Court of Appeal Judgment on Appeal From Motion to Vary/set Aside Default Judgment
Outcome
Appeal dismissed; order below upheld (October 1, 2020 Default Judgment varied to exclude Catherine Ann O'Connor)
Legal Topics
Default Judgment, Setting Aside Judgment, Statutory Trust, Knowing Assistance, Pre Judgment Interest, Rules of Civil Procedure R.19 and R.37, Interest Act S.4, Highway Traffic Act S.191.0.1(3), Precedent Appraisal (umlauf)
Source Language
English
Civil Procedure Trusts Contract Law Commercial Law Statutory Interpretation Default Judgment Setting Aside Judgment Statutory Trust +6 more

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Parties

Paul's Transport Inc.

Plaintiff (respondent)

Immediate Logistics Limited

Defendant (appellant)

William "Bill" O'Connor

Defendant (appellant)

Catherine Ann O'Connor

Defendant (appellant)

Procedural Posture

Civil Appeal From Motion to Set Aside Default Judgment / Court of Appeal Judgment on Appeal From Motion to Vary/set Aside Default Judgment

Legal Issues

  1. 1 Whether the Third Motion should be dismissed for failure to file the necessary record
  2. 2 Whether the correct legal test was applied for setting aside a default judgment (Mountain View factors) and whether Umlauf remains good law
  3. 3 Whether William O'Connor is personally liable for knowingly assisting a breach of statutory trust

Ratio Decidendi

The Court of Appeal dismissed the appeal: the Motion Judge did not err in dismissing the Third Motion for failure of the appellants to file the necessary record; conclusions of law and mixed fact-law are not deemed admitted under r.19.02(1)(a) (Umlauf rejected); Mr. O'Connor was properly held personally liable for knowingly assisting Immediate's breach of statutory trust under HTA s.191.0.1(3); the 2% monthly interest award was supported on the evidence of a verbal agreement and s.4 of the Interest Act did not apply to that verbal arrangement; interests of justice and finality weighed against varying the judgment.

Court Disposition

Appeal dismissed; order below upheld (October 1, 2020 Default Judgment varied to exclude Catherine Ann O'Connor)

Orders

  • Appeal dismissed and order below upheld
  • Default judgment as determined on October 1, 2020 confirmed as against Immediate Logistics Limited and William O'Connor (Catherine Ann O'Connor excluded)