John P. Ormston

The plaintiff sought leave to appeal an order setting aside five ex parte injunctions he had obtained against the defendant regarding the proceeds of a real estate sale.

The motions judge had set aside the orders after finding the plaintiff failed to make full and frank disclosure of material facts, including a $2 million mortgage and other joint ventures, and had admitted to dishonesty in other proceedings.

The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motions judge's decision or her exercise of discretion in assessing the plaintiff's lack of candour.

The appellant appealed an order refusing to set aside a default judgment signed by the Registrar.

The Court of Appeal found that the Registrar lacked jurisdiction to sign the default judgment under Rule 19.04 because the claim for 'approximately $450,000' in damages for conversion and fraud was not a liquidated demand.

The default judgment was set aside with leave for the respondent to proceed before a judge under Rule 19.05.

However, the court refused to set aside the noting of pleadings closed due to the appellant's intentional refusal to defend.