Angela Assuras

The appellants appealed an order dismissing their application to set aside a default judgment for fraud in the amount of $143,462.06.

They argued the amount was not a liquidated sum under Rule 19.04(1)(a) and raised issues regarding service of the statement of claim.

The Court of Appeal dismissed the appeal, finding the amount was supported by a detailed schedule of invoices, service was proper, and the motion judge committed no error in principle in refusing to set aside the default judgment.

The appellant brought a motion to extend the time for perfecting its appeal from a Master's order refusing an amendment to a statement of claim.

The appeal had been dismissed by the Registrar for delay.

The court found that the appellant had a continuing intention to appeal, there was sufficient merit to the appeal, the delay was adequately explained by a dispute over the wording of the Master's order, and the alleged prejudice was speculative.

The court granted the motion, set aside the Registrar's order, and extended the time to perfect the appeal.

The appellants appealed the dismissal of their motion to add Marsh & Co. Hospitality Realty Inc. as a defendant in an action arising from an agreement of purchase and sale.

The motions judge had dismissed the motion on the basis that Marsh would suffer irremediable prejudice due to the intervening death of a potential witness.

The Court of Appeal allowed the appeal, holding that the death of a witness did not constitute non-compensable prejudice under Rule 5.04(2), as the appellants could simply commence a separate action against Marsh and have it consolidated.

The Court also found the motions judge erred by weighing evidence regarding the merits of the proposed claim.