COURT OF APPEAL FOR ONTARIO
RE:
DAVID WILSON CONSULTING (Plaintiff/Respondent) v. CESAR PEDRO TV PRODUCTIONS, 1293997 ONTARIO LTD. and CESAR PEDRO PRODUCTIONS (Defendant/Appellant)
BEFORE:
MCMURTRY C.J.O., ABELLA AND MACPHERSON JJ.A.
COUNSEL:
Durval M. Martins
for the appellants
William J. Leslie, Q.C.
for the respondent
HEARD:
September 5, 2001
On appeal from the judgment of Justice Jack J. Jenkins dated January 9, 2001.
E N D O R S E M E N T
Released Orally: September 5, 2001
1This is an appeal from the judgment of Jenkins J. dated January 9, 2001 in which he refused to set aside the default judgment issued by the registrar of the Superior Court of Justice in Barrie.
2We see no basis for interfering with the decision of the motions judge.
3We do not agree with the appellant’s submission that the registrar did not have jurisdiction to sign judgment against the defendant after the defendant had been noted in default. The plaintiff’s claim was a liquidated demand in money and complied with Rule 19.04(1)(a) of the Rules of Civil Procedure.
4We also do not agree with the appellant’s submission that default judgment should be set aside on the basis of the normal test. On the record before the motions judge, the defendant did not explain the circumstances which led to the default and did not present a triable defence on the merits.
5Accordingly, the appeal is dismissed with costs to the respondent fixed at $1,500.
“R. Roy McMurtry C.J.O.”
“R. S. Abella J.A.”
“J. C. MacPherson J.A.”