The defendant, Robert Grenier, sought leave to appeal to the Divisional Court from an order setting aside a default judgment but imposing strict conditions and awarding costs to the insurer, Aviva.
The default judgment was entered after Grenier failed to defend an action arising from a 2001 motor vehicle accident.
The motion judge set aside the default judgment but imposed conditions restricting Grenier's ability to deal with his assets in Quebec and ordered him to pay costs thrown away.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's discretionary decision.
