COURT OF APPEAL FOR ONTARIO
DOHERTY, LASKIN and JURIANSZ JJ.A.
BETWEEN:
VINCENZO SALLUCE
(Respondent) Plaintiff
and
LOC XUANG HOANG [also known as Tam Hoang and also known as Tommy Hoang] and Lanh Thi Nguyen [also known as Lal Van Nguyen]
(Appellants) Defendants
Larry J. Levine, Q.C. and Mai Nguyen for the appellant Nguyen
Theodore P. Charney for the respondent
Heard: April 5, 2007
On appeal from the order of Justice Rose Boyko of the Superior Court of Justice dated June 29, 2006.
APPEAL BOOK ENDORSEMENT
1As counsel for the respondent correctly points out, the appellant sought to escape the default judgment by advancing a patently false assertion that she was not the person named in the statement of claim. In these circumstances, we cannot interfere with the trial judge’s assessment that the appellant had not offered a plausible explanation for her default.
2The appeal is dismissed. Costs to the respondent in the amount of $4,500, inclusive of disbursements and GST.