COURT OF APPEAL FOR ONTARIO
DATE: 20000209
DOCKET: C32373
RE: KRISTINA WARZECHA and 571108 SASKATCHEWAN LTD.
(Respondents) and GRAFTON OLVERE PHILLIPS and
MARIA LORETTA MILLINGTON (Appellants)
BEFORE: FINLAYSON, MOLDAVER AND GOUDGE JJ.A.
COUNSEL: Mohammed Muslin
For the appellant Phillips
Nirmala Persaud
For the appellant Millington
Kenneth H. Page
For the respondents
HEARD: January 28, 2000
On appeal from the order of Sharpe J. dated September 1, 1998.
E N D O R S E M E N T
[1] We see no basis for interfering with the order of Sharpe J.
[2] His determination that in all the circumstances Ms.
Millington had not moved promptly enough to set aside the default
judgment is, in our view, reasonable.
[3] Equally, his finding of fact that Mr. Phillips received
notice both of the sale and the proceedings before Mr. Justice
Cullity is supportable on this record.
[4] Finally, we agree with his interpretation of the
Conveyancing and Law of Property Act. The judgment creditor is,
in these circumstances, not the seller.
[5] The appeal must therefore be dismissed with costs.
“G.D. Finlayson J.A.”
“M.J. Moldaver J.A.”
“S.T. Goudge J.A.”