Court of Appeal for Ontario
BEFORE: Sharpe, Pepall and van Rensburg JJ.A.
BETWEEN
Wenchen Han, Ying Han, 2304338 Ontario Inc. and 2293689 Ontario Inc.
Plaintiffs (Respondents)
and
Li Li also known as Lily Li, Yousif Y. Nissan, Teresa Hsin, 1856257 Ontario Inc., 2302344 Ontario Inc., Jasbir S. Gill, Jaswinder Gill, Wen Wu, Gang Wu, Liangxin International Ltd., Relaxology Wellness Centre Corp., and 2258180 Ontario Inc.
Defendants (Appellant)
COUNSEL:
Allan S. Blott Q.C., for the appellant
Keith Landy, for the respondents
HEARD: March 23, 2015
On appeal from the order of Justice Andra Pollak of the Superior Court of Justice, dated October 23, 2014.
APPEAL BOOK ENDORSEMENT
1We are not persuaded that the motion judge erred in refusing to set aside the default judgment. The motion judge identified and applied the correct test and found that the appellant had failed on all three elements, and concluded that it was not in the interest of justice to set aside the default judgment.
2Appeal dismissed. Costs to the respondents fixed at $14,591.05, inclusive of disbursements and taxes.