Court File and Parties
COURT OF APPEAL FOR ONTARIO
FELDMAN, ARMSTRONG AND MACFARLAND JJ.A.
BETWEEN:
BAYVIEW FINANCIAL, L.P.
Plaintiff (Respondent)
And
SPARTAN COLLISION CORPORATION and PETER ALIFERIS
Defendants (Appellants)
Counsel:
Diane Condo for the appellants
Ian Cantor for the respondent
Heard and released orally: October 3, 2007
On appeal from the order of Justice David Moseley Brown of the Superior Court of Justice dated April 26, 2007.
ENDORSEMENT
1We agree with the motion judge that the appellant failed to meet the test necessary to set aside the default judgment.
2The affidavit evidence filed by the appellants does not, in our view, disclose a triable issue.
3We agree with the trial judge that there is simply no merit in the proposed defence. The appeal is dismissed.
“K. Feldman J.A.”
“Robert P. Armstrong J.A.”
“J. MacFarland J.A.”
