B. Illion

The moving defendant sought a stay of the action on the basis that the plaintiff, a foreign corporation registered in India, was carrying on business in Ontario without a license required by the Extra-Provincial Corporations Act (EPCA).

The court found that the plaintiff exercised sufficient control over the defendant such that the defendant acted as its agent, and therefore the plaintiff was carrying on business in Ontario within the meaning of the EPCA.

The court ordered the action stayed until the plaintiff obtained the required license.

The respondents brought a motion for security for costs in an application where the applicant sought the appointment of an arbitrator pursuant to a co-ownership agreement.

The respondents argued that the applicant was a nominal corporation with insufficient assets in Ontario.

The court found that the respondents met the initial onus under Rule 56.01(1)(d) and that the applicant failed to rebut it.

Applying a holistic approach, the court ordered the applicant to post security for costs in the amount of $15,000.

The defendants brought a motion to set aside a default judgment obtained by the plaintiff for unauthorized shipping charges.

The court applied the five-factor test for setting aside a default judgment.

The court found that the defendants did not bring the motion promptly, deliberately evaded service and ignored the litigation, and failed to present an arguable defence on the merits.

The motion to set aside the default judgment was dismissed.