Arifa Serter

Aviva Canada brought a motion for default judgment against Toshera Harry for breach of contract, seeking to recover $36,126.40 paid out under an insurance policy.

Aviva alleged that Harry made misrepresentations in her insurance applications, rendering the policy void ab initio.

Harry failed to participate in the action, leading to her statement of defence being struck and her being noted in default.

The court granted default judgment, finding that Harry's default admitted the allegations in the statement of claim.

The plaintiffs brought a motion for summary judgment in an action alleging civil conspiracy and fraud related to the purchase of used vehicles.

At the scheduled special appointment hearing, the court adjourned the motion and related evidentiary motions because the parties failed to comply with the Rules of Civil Procedure and regional practice directions regarding the filing of materials, compendia, and confirmations.

The court emphasized that judges require properly organized materials to prepare for hearings and directed the parties to comply with all filing requirements before rescheduling.

The plaintiffs, parents of the defendant Devon, brought a motion for summary judgment claiming a 50% interest in a property they co-resided in with the defendants.

The plaintiffs provided the $100,000 down payment, but title was taken solely in the defendants' names to secure mortgage financing, necessitating a gift letter.

The court found the defendants failed to rebut the presumption of resulting trust, as the evidence showed the plaintiffs intended to acquire an interest in the property, not gift the funds.

The court granted summary judgment, declared the plaintiffs hold a 50% interest, ordered the property sold, and struck the defendants' counterclaim for damages.