The appellants appealed orders of the Superior Court of Justice dismissing their motion to set aside a reinstated default judgment and authorizing the sale of their property to satisfy the judgment.
The original action was commenced in 2001 and resulted in a default judgment of approximately $86,000.
The judgment was subsequently set aside, then reinstated by Brown J. in 2008 on an ex parte basis.
The appellants moved to set aside the reinstatement, but the motion judge dismissed their motion.
The Court of Appeal allowed the appeal, finding that the respondent failed to make full and fair disclosure of material facts when appearing before Brown J. without notice to the appellants, which was a sufficient basis to set aside the judgment.
