No one appearing for the defendant

The court considered a motion for default judgment by the Bank of Montreal against Andrzej and Associates Property Management Inc. and Miguel Russell.

The claim arose from a dishonoured cheque deposited into the corporate account.

The court found the corporate defendant liable for the amount of the cheque and costs, but declined to find personal liability or fraud against Russell, nor to award punitive damages.

The court discussed the legal standards for default judgment, fraud, oppression under the OBCA, and punitive damages, ultimately granting judgment only against the corporation.

The Public Guardian and Trustee (PGT), acting as litigation guardian for the appellant, brought a motion to quash the appellant's appeal of a court-approved settlement in two civil proceedings.

The Court of Appeal for Ontario quashed the appeal, holding that once a litigation guardian is appointed, they have sole control over the proceeding, and the litigant lacks the authority to appeal the settlement order.

The court further clarified that any challenge to the appointment of a litigation guardian must be brought before the Divisional Court, with leave, not the Court of Appeal.