COURT OF APPEAL FOR ONTARIO
Rosenberg, LaForme and Tulloch JJ.A.
BETWEEN
Anton Cowley and Hector Fernando
Plaintiffs (Appellants)
and
The Estate of Rachel Millicent Rode
Defendant (Respondent)
S. Lenard Kotylo, for the appellants
Brian Belmont, for the respondent
Heard: March 27, 2014
On appeal from the order of Justice Kevin Whittaker of the Superior Court of Justice, dated November 5, 2013.
APPEAL BOOK ENDORSEMENT
1This action was dismissed in May 2012. Despite this fact, the appellants brought two motions for default judgment after May 2, 2012 without disclosing this fact and without complying with the direction of the Registrar as to the proper parties. The appellants brought the motion to set aside the dismissal over a year after the dismissal. Given this state of affairs, it has not been shown that the application judge erred in dismissing the application to set aside the dismissal. It was open to the application judge to find that the appellants did not move promptly and did not have a valid explanation for the delay.
2Finally, there are no grounds for interfering with the costs order. Given the state of affairs the order was appropriate.
3Accordingly, the appeal is dismissed with costs fixed at $8,000 inclusive of HST and disbursements.