James Tomlinson

The Royal Bank of Canada sought default judgment for possession of a mortgaged property after the defendants, the Estate of Morrison Augustin and Bridget Daniel, failed to defend the proceeding.

The court found the plaintiff had established liability based on deemed admissions and affidavit evidence, and granted an order for possession of the property, as well as costs to be assessed.

The appellant appealed an order of the Superior Court of Justice.

The Court of Appeal found that the order under appeal was interlocutory and its character was unaffected by the passage of time.

Consequently, the appeal was quashed for lack of jurisdiction, with costs awarded to the respondents.

The appellant appealed a default judgment awarding lump sum support of $30,748.00, arguing lack of notice and that the amount was excessive.

The Court of Appeal dismissed the appeal, noting the appellant should have moved to set aside the default judgment in the Superior Court rather than appealing directly.

The court also found the motion judge was entitled to make the support order based on the affidavit evidence before her.