Paccar Leasing Company Limited v. Sevco Corporation
The Court of Appeal affirmed the motion judge because the appellants neither paid the outstanding costs nor filed evidence to support their claim of impecuniosity and offered no evidentiary basis for their pending motion; absent such compliance or evidence, striking the statement of defence was proper and not...
Source-derived case information.
- Citation
- 2017 ONCA 503
- Parties
- Respondent: Paccar Leasing Company Limited; Appellant: Sevco Corporation; Appellant: Kardel Inc.; Appellant: Elize Blouin aka Elizabeth Blouin; Appellant: Susan Blouin; Appellant: Susan Hebert; Appellant: Gregory Blouin; Appellant: Gregory Hebert
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 June 2017
- Procedural Posture
- Civil / Appeal From Superior Court Motion to Strike Statement of Defence
- Outcome
- Appeal dismissed; order striking appellants' statement of defence affirmed.
- Legal Topics
- Motion to Strike Statement of Defence, Impecuniosity, Compliance With Costs Orders, Striking Defendants
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paccar Leasing Company Limited
Respondent
Sevco Corporation
Appellant
Kardel Inc.
Appellant
Elize Blouin aka Elizabeth Blouin
Appellant
Susan Blouin
Appellant
Susan Hebert
Appellant
Gregory Blouin
Appellant
Gregory Hebert
Appellant
Procedural Posture
Civil / Appeal From Superior Court Motion to Strike Statement of Defence
Legal Issues
- 1 Whether the motion judge erred in striking the appellants' statement of defence
- 2 Whether the appellants provided evidence of impecuniosity or paid outstanding costs to avoid striking
- 3 Whether there was evidentiary support for appellants' separate pending motion to strike them as defendants
Ratio Decidendi
The Court of Appeal affirmed the motion judge because the appellants neither paid the outstanding costs nor filed evidence to support their claim of impecuniosity and offered no evidentiary basis for their pending motion; absent such compliance or evidence, striking the statement of defence was proper and not subject to appellate interference.
Court Disposition
Appeal dismissed; order striking appellants' statement of defence affirmed.
Orders
- Order striking the appellants' statement of defence affirmed.
- Costs of the appeal to the responding parties fixed in the agreed upon amount of $4,000.00 inclusive of disbursements and applicable taxes.
Full Case Text
Judgment text and source record
1 paragraphs
Paccar Leasing Company Limited v. Sevco Corporation Collection Decisions of the Court of Appeal Date 2017-06-15 Neutral citation 2017 ONCA 503 Docket numbers C62271 Judges Simmons, Janet M.; Lauwers, Peter D.; Hourigan, C. William Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Paccar Leasing Company Limited v. Sevco Corporation, 2017 ONCA 503 DATE: 20170615 DOCKET: C62271 Simmons, Lauwers and Hourigan JJ.A. BETWEEN Paccar Leasing Company Limited Respondent and Sevco Corporation, Kardel Inc., Elize Blouin aka Elizabeth Blouin, Susan Blouin, Susan Hebert, Gregory Blouin and Gregory Hebert Appellants Glenn P. Bogue, for the appellants Sally Lee, for the respondent Heard: February 10, 2017 On appeal from the order of Justice D.A. Wilson of the Superior Court of Justice, dated June 8, 2016. APPEAL BOOK ENDORSEMENT [1] We see no basis on which to interfere with the motion judge’s decision to strike the appellants’ statement of defence. [2] The motion to strike was adjourned to June 7, 2016 to permit the appellants to pay a long outstanding costs award or file evidence to support their claim of impecuniosity. The appellants did neither. [3] Although the appellants do have a pending motion to “strike” them as defendants, there was no evidence before the motion judge to support their assertions. Nor is there any such evidence before us. [4] Costs of the appeal to the responding parties fixed in the agreed upon amount of $4,000.00 inclusive of disbursements and applicable taxes.