Mikhailova v. Skylark Holdings Limited

Mikhailova v. Skylark Holdings Limited

The motion judge correctly applied the Intact v. Kisel test and the appellants failed to establish an arguable defence or any prejudice beyond the judgment itself; the bias allegation lacked evidentiary support and was abandoned; therefore the motion to set aside the default judgment was properly dismissed and the appeal fails.

Citation
2019 ONCA 958
Parties
Plaintiff (respondent): Larissa Mikhailova; Defendant (appellant): Skylark Holdings Limited; Defendant (appellant): Michael Slattery
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
5 December 2019
Procedural Posture
Civil / Appeal From Motion to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Failure to Establish Arguable Defence, Prejudice in Motion to Set Aside Default Judgment, Reasonable Apprehension of Bias, Costs
Source Language
English
Civil Procedure Appeals Enforcement of Judgments Setting Aside Default Judgment Failure to Establish Arguable Defence Prejudice in Motion to Set Aside Default Judgment Reasonable Apprehension of Bias 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 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Larissa Mikhailova

Plaintiff (respondent)

Skylark Holdings Limited

Defendant (appellant)

Michael Slattery

Defendant (appellant)

Procedural Posture

Civil / Appeal From Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the motion judge erred in refusing to set aside the default judgment
  2. 2 Whether the appellants established an arguable defence on the merits
  3. 3 Whether the appellants demonstrated prejudice beyond the fact of judgment

Ratio Decidendi

The motion judge correctly applied the Intact v. Kisel test and the appellants failed to establish an arguable defence or any prejudice beyond the judgment itself; the bias allegation lacked evidentiary support and was abandoned; therefore the motion to set aside the default judgment was properly dismissed and the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • Default judgment in excess of $800,000 upheld
  • Motion to set aside the default judgment dismissed