The appellants, Melissa Hart and Patricia Hart, appealed the dismissal of their motion to set aside a default judgment obtained by Canada Mortgage and Housing Corporation (CMHC).
The motion, brought under Rule 59.06(2), alleged fraud or newly discovered facts.
The Court of Appeal upheld the motion judge's decision, finding that the appellants failed to act with diligence in seeking to set aside the judgment and did not provide cogent evidence to support their allegations of fraud or new facts.
Previous actions by the appellant Melissa Hart based on similar facts had been dismissed as frivolous and vexatious under Rule 2.1.01.
