Pournaras v. Zuo

Pournaras v. Zuo

The Court allowed the appeal and concluded that, because the default judgment was set aside, ancillary orders that derived from that judgment (including the noting in default, the writ of seizure and sale and the costs ordered by the trial judge) must also be set aside, and granted an extension to file a statement of defence; the Court declined to impose a timetable, leaving procedural scheduling to the Superior Court.

Citation
2013 ONCA 269
Parties
Plaintiff (respondent): Demetra Toula Pournaras; Plaintiff (respondent): Athena Pournaras; Plaintiff (respondent): Georgia Pournaras; Defendant (appellant): Qiang Zuo; Defendant (appellant): Wawanesa Mutual Insurance Company
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
26 April 2013
Procedural Posture
Civil / Appeal Decision (court of Appeal for Ontario)
Outcome
Appeal allowed in part; order of Allen J. and default judgment of Whitaker J. set aside.
Legal Topics
Setting Aside Default Judgment, Noting in Default, Writ of Seizure and Sale, Costs, Extension of Time to File Defence, Court Timetabling and Jurisdiction Under Simplified Procedure
Source Language
English
Civil Procedure Appeals Enforcement Setting Aside Default Judgment Noting in Default Writ of Seizure and Sale Costs Extension of Time to File Defence +1 more

Case Brief

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Parties

Demetra Toula Pournaras

Plaintiff (respondent)

Athena Pournaras

Plaintiff (respondent)

Georgia Pournaras

Plaintiff (respondent)

Qiang Zuo

Defendant (appellant)

Wawanesa Mutual Insurance Company

Defendant (appellant)

Procedural Posture

Civil / Appeal Decision (court of Appeal for Ontario)

Legal Issues

  1. 1 Whether the default judgment granted by Whitaker J. should be set aside
  2. 2 Whether the noting in default that preceded the default judgment should be set aside
  3. 3 Whether the writ of seizure and sale issued pursuant to the default judgment should be lifted

Ratio Decidendi

The Court allowed the appeal and concluded that, because the default judgment was set aside, ancillary orders that derived from that judgment (including the noting in default, the writ of seizure and sale and the costs ordered by the trial judge) must also be set aside, and granted an extension to file a statement of defence; the Court declined to impose a timetable, leaving procedural scheduling to the Superior Court.

Court Disposition

Appeal allowed in part; order of Allen J. and default judgment of Whitaker J. set aside.

Orders

  • Set aside the default judgment granted by Whitaker J. on December 11, 2011.
  • Set aside the order of Allen J. dated September 4, 2012.