Maheen Merchant

The creditors brought a motion for an adjournment pending the Ontario Labour Relations Board's determination of a related employer application.

The court found that the Board's determination was essential to deciding who is ultimately entitled to the funds paid into court by the garnishee.

Given the upcoming mediation and lack of prejudice to the non-parties, the court granted the adjournment without costs.

The moving party sought to set aside a default judgment that reversed the transfer of her former common-law spouse's interest in their jointly-owned home under the Fraudulent Conveyances Act.

The court applied the three-part test for setting aside a default judgment.

The court found that the moving party failed to provide an adequate explanation for her default, delayed unreasonably in bringing the motion, and presented a weak defence on the merits regarding whether the assumption of a mortgage constituted good consideration.

The motion was dismissed with costs.

The defendant successfully opposed the plaintiff's motion for summary judgment, resulting in the dismissal of the plaintiff's claim on a loan agreement due to the expiry of the limitation period.

The defendant sought partial indemnity costs.

The plaintiff argued costs should be denied or set off against the unpaid debt because the defendant received a windfall.

The court rejected the plaintiff's arguments, noting the plaintiff had two years to bring the action and failed to do so.

The court awarded the defendant costs fixed at $15,164.