Court File and Parties
Court of Appeal for Ontario
Before: Doherty, Feldman and Epstein JJ.A.
Between:
Trent Akagi Plaintiff (Appellant)
and
Synergy Group (2000) Inc., Shane Davidson Smith, David Prentice, Sandra Delahaye, and Jean Lucien Breau Defendants (Respondents)
Counsel: Terry Corsianos, for appellant Gerald Matlofsky, for the respondents
Heard: March 11, 2011
On appeal from the order of Justice Whitaker of the Superior Court of Justice dated September 3, 2010.
Appeal Book Endorsement
1We are not prepared to interfere with the motion judge’s determination that the default judgment should be set aside.
2The motion judge, however, failed to consider the prejudice to the plaintiff. He should have imposed terms on the respondents. We would vary his order as follows:
i. The appellant should have his costs thrown away and fixed at $15,000 payable within 30 days;
ii. The respondents shall within 30 days pay $60,000 into court to the credit of the action pending the outcome of the trial or further order of the court.
3Costs to the appellant in the amount of $7,000. The respondents have 30 days to pay this amount.
