LIV Communities v. Kasi

LIV Communities v. Kasi

The motion judge's factual findings that Landmart Homes and LIV Communities were the same entity and that LIV Developments held the land in trust for LIV Communities were open on the evidence, the appellant dealt with and paid deposits to LIV Communities and was found to be a sophisticated party, and no reversible error was shown; accordingly the motion to set aside the default judgment was properly dismissed.

Citation
2022 ONCA 631
Parties
Plaintiff (respondent): LIV Communities; Defendant (appellant): Fida Kasi
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 September 2022
Procedural Posture
Civil / Appeal From Motion Judge Decision on Motion to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Motion to Set Aside, Purchase and Sale Agreement, Vendor and Purchaser, Business Names, Trust Declaration, Costs
Source Language
English
Civil Contract Law Property Law Procedural Law Default Judgment Motion to Set Aside Purchase and Sale Agreement Vendor and Purchaser +3 more

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Parties

LIV Communities

Plaintiff (respondent)

Fida Kasi

Defendant (appellant)

Procedural Posture

Civil / Appeal From Motion Judge Decision on Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether LIV Communities was the contracting party and owner entitled to damages under the APS
  2. 2 Whether the motion judge erred in refusing to set aside the default judgment
  3. 3 Whether misnaming the vendor in the APS vitiated the respondent's claim or entitled the appellant to relief

Ratio Decidendi

The motion judge's factual findings that Landmart Homes and LIV Communities were the same entity and that LIV Developments held the land in trust for LIV Communities were open on the evidence, the appellant dealt with and paid deposits to LIV Communities and was found to be a sophisticated party, and no reversible error was shown; accordingly the motion to set aside the default judgment was properly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant shall pay respondent costs in the amount of $8,500, all inclusive, as agreed by the parties