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Motion to set aside default judgment granted where defendants mistakenly filed defence in wrong court.
The defendants brought a motion to set aside a default judgment of approximately $37,000 granted in favour of the plaintiff for unpaid fuel invoices.
The defendants had mistakenly filed their statement of defence in the Small Claims Court and, upon discovering the error, learned that default judgment had already been entered.
Applying the Mountain View Farms factors, the court found that while the defendants delayed in obtaining necessary documents, they had demonstrated an intent to defend the action from the beginning and raised an arguable defence regarding miscalculated rebates.
The motion to set aside the default judgment was granted, though existing writs of execution were ordered to remain in effect pending further order.
Tribunal approves settled Official Plan modifications allowing increased height and density along the Centre Street Corridor.
Several property owners appealed the City of Vaughan's 2010 Official Plan regarding policies affecting the Centre Street Corridor.
The parties reached a settlement proposing modified policies and map schedules to allow for increased building heights, density, and mixed uses along the transit corridor while ensuring appropriate transition to adjacent low-rise neighbourhoods.
The Tribunal denied a late request for Party status from a ratepayers association.
Accepting the uncontested expert planning evidence that the modified policies are consistent with the Provincial Policy Statement, conform with the Growth Plan and Regional Official Plan, and represent good planning, the Tribunal allowed the appeals in part and approved the modified policies.
