COURT OF APPEAL FOR ONTARIO
RE: KRISTINA WARZECHA and 571108 SASKATCHEWAN LTD.
(Respondents) and GRAFTON OLVERE PHILLIPS and
MARIA LORETTA MILLINGTON (Appellants)
BEFORE: FINLAYSON, MOLDAVER AND GOUDGE JJ.A.
COUNSEL: Mohammed Muslin
For the appellant Phillips
Nirmala Persaud
For the appellant Millington
Kenneth H. Page
For the respondents
HEARD: January 28, 2000
On appeal from the order of Sharpe J. dated September 1, 1998.
E N D O R S E M E N T
1We see no basis for interfering with the order of Sharpe J.
[2] His determination that in all the circumstances Ms.
Millington had not moved promptly enough to set aside the default
judgment is, in our view, reasonable.
[3] Equally, his finding of fact that Mr. Phillips received
notice both of the sale and the proceedings before Mr. Justice
Cullity is supportable on this record.
[4] Finally, we agree with his interpretation of the
Conveyancing and Law of Property Act. The judgment creditor is,
in these circumstances, not the seller.
5The appeal must therefore be dismissed with costs.
“G.D. Finlayson J.A.”
“M.J. Moldaver J.A.”
“S.T. Goudge J.A.”