Court of Appeal for Ontario

Cooper & Lybrand Ltd. v. Richter & Associates Inc.

Date: 2001-03-27

Glenn A. Smith and Monique Jilesen, for Richter & Associés Inc;

Counsel for the responding party not disclosed.

(C34434)

[1] By the Court: We would not disturb the order of Sanderson, J, In our view, there was evidence on which she could properly make the findings she did on which she reached the conclusion that the appellant's motion was not brought forthwith after the judgment came to its attention. Notwithstanding the appellant's submission to the contrary. There was only one judgment of June 25th, 1998, not two and the appellant's obligation to move forthwith to set it aside was triggered almost a year before its motion was actually made.

[2] Accordingly, the appeal is dismissed with costs.

Appeal dismissed.