Mazgaj v. Profitable Plots (Canada) Ltd.

Mazgaj v. Profitable Plots (Canada) Ltd.

The motion judge’s findings that the appellant failed to provide an adequate explanation for his default, did not raise an arguable defence, and that setting aside the judgment would prejudice the respondent and undermine the administration of justice were supported by the record; accordingly the motion to set aside the default judgment was properly refused and the appeal is dismissed.

Citation
2017 ONCA 1020
Parties
Plaintiff / Respondent: Tadeusz Mazgaj; Defendant / Appellant: Daniel Strumos
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 December 2017
Procedural Posture
Civil Appeal (collection/default Judgment) / Court of Appeal Appeal From Motion Judge Order Refusing to Set Aside Default Judgment
Outcome
Appeal dismissed.
Legal Topics
Setting Aside Default Judgment, Fraudulent Misrepresentation, Service of Process, Examination in Aid of Execution, Pre Judgment Interest, Punitive Damages, Motions Practice
Source Language
English
Civil Litigation Collection Default Judgment Fraud Procedural Law Costs Setting Aside Default Judgment Fraudulent Misrepresentation +5 more

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Parties

Tadeusz Mazgaj

Plaintiff / Respondent

Daniel Strumos

Defendant / Appellant

Procedural Posture

Civil Appeal (collection/default Judgment) / Court of Appeal Appeal From Motion Judge Order Refusing to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the motion judge correctly applied the test for setting aside a default judgment
  2. 2 Whether the appellant provided an adequate explanation for the default
  3. 3 Whether the appellant raised an arguable defence on the merits

Ratio Decidendi

The motion judge’s findings that the appellant failed to provide an adequate explanation for his default, did not raise an arguable defence, and that setting aside the judgment would prejudice the respondent and undermine the administration of justice were supported by the record; accordingly the motion to set aside the default judgment was properly refused and the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Motion judge order refusing to set aside the default judgment is upheld.
  • Appellant shall pay respondent costs fixed in the amount of $15,500 inclusive of disbursements and applicable taxes.