Court of Appeal for Ontario
Before: Laskin, Goudge and Pardu JJ.A.
Between
The Toronto Dominion Bank
Plaintiff (Respondent)
and
Najeeb Ali Nawab and Rhonda Chapman, a.k.a. Rhonda Joyce Brioux
Defendants (Appellant)
Counsel:
Brent Pearce and Adam Marchioni, for the appellant
Robert W. Dowhan and S. Sutherland, for the respondent
Heard and released orally: February 18, 2014
On appeal from the order of Justice D. Price of the Superior Court of Justice, dated August 26, 2013.
APPEAL BOOK ENDORSEMENT
1The appellant argues two points. First, she is entitled to have the default judgment set aside as of right as it was signed irregularly. Second, she has a defence on the merits. We do not accept either argument.
2On the appellant’s first argument, the default judgment was signed before the 20 day period for service had elapsed and therefore was signed irregularly. However, rule 2.01 of the Rules of Civil Procedure gives this court the power to relieve against irregularities. The appellant was not prejudiced by the irregularity and therefore it is not in the interests of justice to set aside the default judgment as of right.
3On the appellant’s second argument, the appellant did receive $600,000 on the sale of her property in 2007. That fact is undisputed. She therefore has no defence to the Bank’s claim. Whether she has a claim against one or more of the lawyers involved in these transactions it is not before us.
4The appeal is dismissed with costs fixed at $3,500, all inclusive.