COURT OF APPEAL FOR ONTARIO
RE:
BRUCE WARK and RAE ANN WARK (Plaintiffs/Respondents) –and– RACHEL OLIVER (Defendant/Appellant)
BEFORE:
LABROSSE, MOLDAVER and GILLESE JJ.A.
COUNSEL:
Walter C. Wieckowski
for the appellant
No one appearing
for the respondents
HEARD AND ENDORSED:
January 22, 2004
On appeal from the judgment of Justice Terrence A. Platana of the Superior Court of Justice dated April 9, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The solicitors for the respondents advised the court that they would not be filing any material and would not appear on this appeal.
2The appeal is allowed, the default judgment dated November 27, 2001 is set aside on the basis that the statement of claim was not properly served under the Rules. The Writ of Seizure and Sale is set aside.
3Costs of the motion below are fixed at $250.00 and of this appeal at $1,000.00, payable to the appellant.