The plaintiff, Shelly Wine, brought a motion for leave to appeal to the Divisional Court from an order setting aside a default judgment against two defendants, Houman Mahadjeri and Rayvin Teena Squires.
The motion judge had set aside the default judgment on terms, including payment of costs thrown away.
The plaintiff argued the motion judge misapprehended evidence regarding the timing of counsel retention and failed to address the defendants' delay, leading to prejudice.
The court applied the two-part test for leave to appeal under Rule 62.02(4)(b), which requires "good reason to doubt the correctness" of the order and that the appeal involves "matters of such importance." The court found no good reason to doubt the correctness of the motion judge's decision, which had properly considered the five factors for setting aside default judgment as outlined in Mountain View Farms Ltd. v McQueen.
The motion for leave to appeal was dismissed, and costs were awarded to the respondents.
