The defendant, Balwinderjit Singh, brought a motion to set aside a default judgment issued against him in 2015 by The Toronto-Dominion Bank (TD Bank) for an alleged credit card debt.
Singh claimed he was unaware of the judgment until June 2022 and argued the debt arose from unauthorized fraudulent transactions.
The court dismissed the motion, finding Singh's explanation for his default implausible given evidence of prior communications and garnishments, and concluding that his proposed defence lacked an "air of reality" due to insufficient particulars.
