Canada Mortgage and Housing Corporation v. Hart

Canada Mortgage and Housing Corporation v. Hart

The appeal was dismissed because the appellant failed to move with diligence to set aside the default judgment and failed to produce cogent evidence of fraud or newly discovered facts sufficient to justify setting aside the judgment; accordingly the motion judge did not err.

Citation
2022 ONCA 51
Parties
Plaintiff (respondent): Canada Mortgage and Housing Corporation; Defendant (appellant): Melissa Hart; Defendant (appellant): Patricia Hart
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
24 January 2022
Procedural Posture
Civil / Appeal From Superior Court Order (motion to Set Aside Default Judgment)
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Rule 59.06(2), Diligence, Frivolous and Vexatious Proceedings, Costs
Source Language
English
Civil Procedure Enforcement of Judgment Mortgage Law Fraud Setting Aside Default Judgment Rule 59.06(2) Diligence Frivolous and Vexatious Proceedings +1 more

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Parties

Canada Mortgage and Housing Corporation

Plaintiff (respondent)

Melissa Hart

Defendant (appellant)

Patricia Hart

Defendant (appellant)

Procedural Posture

Civil / Appeal From Superior Court Order (motion to Set Aside Default Judgment)

Legal Issues

  1. 1 Whether the motion judge erred in dismissing the motion under r.59.06(2) to set aside a default judgment for fraud or newly discovered facts
  2. 2 Whether the appellant moved with due diligence to set aside the default judgment
  3. 3 Whether the appellant adduced cogent evidence of fraud to justify setting aside the judgment

Ratio Decidendi

The appeal was dismissed because the appellant failed to move with diligence to set aside the default judgment and failed to produce cogent evidence of fraud or newly discovered facts sufficient to justify setting aside the judgment; accordingly the motion judge did not err.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondent fixed at $5,000 inclusive of disbursements and all applicable taxes