DATE: 20010910 DOCKET: C35670

COURT OF APPEAL FOR ONTARIO

RE:

DAVID WILSON CONSULTING (Plaintiff/Respondent) v. CESAR PEDRO TV PRODUCTIONS, 1293997 ONTARIO LTD. and CESAR PEDRO PRODUCTIONS (Defendant/Appellant)

BEFORE:

MCMURTRY C.J.O., ABELLA AND MACPHERSON JJ.A.

COUNSEL:

Durval M. Martins

for the appellants

William J. Leslie, Q.C.

for the respondent

HEARD:

September 5, 2001

On appeal from the judgment of Justice Jack J. Jenkins dated January 9, 2001.

E N D O R S E M E N T

Released Orally: September 5, 2001

[1] This is an appeal from the judgment of Jenkins J. dated January 9, 2001 in which he refused to set aside the default judgment issued by the registrar of the Superior Court of Justice in Barrie.

[2] We see no basis for interfering with the decision of the motions judge.

[3] We do not agree with the appellant’s submission that the registrar did not have jurisdiction to sign judgment against the defendant after the defendant had been noted in default. The plaintiff’s claim was a liquidated demand in money and complied with Rule 19.04(1)(a) of the Rules of Civil Procedure.

[4] We also do not agree with the appellant’s submission that default judgment should be set aside on the basis of the normal test. On the record before the motions judge, the defendant did not explain the circumstances which led to the default and did not present a triable defence on the merits.

[5] Accordingly, the appeal is dismissed with costs to the respondent fixed at $1,500.

“R. Roy McMurtry C.J.O.”

“R. S. Abella J.A.”

“J. C. MacPherson J.A.”