Court of Appeal for Ontario

CITATION: Merk Mortgages Inc. v. Kutzscher, 2010 ONCA 707

DATE: 20101025

DOCKET: C52499

BEFORE: Laskin, MacFarland and Karakatsanis JJ.A.

BETWEEN

Merk Mortgages Inc.

Plaintiff (Respondent)

and

Ian Kutzscher and Audrey Kutzscher

Defendants (Appellant)

COUNSEL:

Norman F. Williams, for the appellant

Tyler Inkster, for the respondent

HEARD: October 21, 2010

On appeal from the order of Justice S.S. Seppi of the Superior Court of Justice, dated July 9, 2010.

APPEAL BOOK ENDORSEMENT

[1] We would be inclined to give the appellant relief from his failure to move promptly against the default judgment, if we were persuaded that he had an arguable defence on the merits.

[2] However, having reviewed the voluminous material filed on the appeal, including the fresh evidence, and having listened to the submissions of counsel, we have arrived at the same conclusion as that of the motion judge. The appellant’s claims are no more than bald conclusory allegations and raise no arguable defence.

[3] Accordingly, the appeal is dismissed with costs of $10,000.00, inclusive of applicable taxes. This amount takes into account the motion before Simmons J.A. This order, and the writ of possession and eviction order do not take effect for 30 days.