John A. Fabello

The appellants appealed an order dismissing their motion to set aside default judgments for $3.2 million obtained by the respondent.

The default judgments arose from a claim for indebtedness related to purchases in brokerage accounts and allegations of an unlawful stock manipulation scheme.

The appellants also brought a motion to adduce fresh evidence.

The Court of Appeal dismissed the appeal, finding that the motion judge properly applied the three-part test for setting aside a default judgment and that the appellants failed to adequately explain their delay or raise a triable defence.

The motion to introduce fresh evidence was also dismissed as it did not meet the Palmer test.

The appellant landowners brought a class action claiming compensation from the respondent pipeline companies for restrictions on the use of their lands imposed by government regulation under the National Energy Board Act.

The motion judge dismissed the action on summary judgment.

On appeal, the Court of Appeal upheld the dismissal, finding that s. 75 of the Act does not create a civil cause of action for compensation, but rather provides a complete code for negotiation and arbitration.

The Court also held that the compensation provisions in the easement agreements were limited to physical damages and did not cover economic losses resulting from regulatory land use restrictions.