Leon's Insulation Inc. v. Inex Drywall Systems Ltd.

Leon's Insulation Inc. v. Inex Drywall Systems Ltd.

The motions judge's findings that the appellant was aware he was being sued personally and did not move promptly or adequately explain the delay were not unreasonable and are entitled to substantial deference; therefore the appeal is dismissed and the motions judge's orders, including the costs award and disposition of security for costs, stand.

Citation
2007 ONCA 207
Parties
Plaintiff (respondent): Leon's Insulation Inc.; Defendant (appellant): Inex Drywall Systems Ltd.; Defendant (appellant): Steven Mirkovic
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 March 2007
Procedural Posture
Civil / Appeal From Superior Court Motion Judge Order (setting Aside Default Judgment Application)
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Delay in Seeking Relief, Deference to Findings of Fact, Security for Costs
Source Language
English
Civil Procedure Appeal Costs Setting Aside Default Judgment Delay in Seeking Relief Deference to Findings of Fact Security for Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Leon's Insulation Inc.

Plaintiff (respondent)

Inex Drywall Systems Ltd.

Defendant (appellant)

Steven Mirkovic

Defendant (appellant)

Procedural Posture

Civil / Appeal From Superior Court Motion Judge Order (setting Aside Default Judgment Application)

Legal Issues

  1. 1 Whether the motions judge erred in finding the appellant was aware he was being sued personally
  2. 2 Whether the appellant moved promptly and provided an adequate explanation for delay in seeking to set aside the default judgment
  3. 3 Whether the appeal court should overturn the motions judge's factual findings and set aside the default judgment

Ratio Decidendi

The motions judge's findings that the appellant was aware he was being sued personally and did not move promptly or adequately explain the delay were not unreasonable and are entitled to substantial deference; therefore the appeal is dismissed and the motions judge's orders, including the costs award and disposition of security for costs, stand.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs fixed at $5,000 inclusive of G.S.T. and disbursements
  • Funds held as security for costs to be paid out to respondent's counsel