CITATION: Leon's Insulation Inc. v. Inex Drywall Systems Ltd., 2007 ONCA 207

DATE: 20070326

DOCKET: C45758

COURT OF APPEAL FOR ONTARIO

RE:

LEON’S INSULATION INC. (Plaintiff (Respondent)) – and – INEX DRYWALL SYSTEMS LTD. and STEVEN MIRKOVIC also known as STEVAN MIRKOVIC, also known as STEFAN MIRKOVIC (Defendant (Appellant))

BEFORE:

ROSENBERG, ARMSTRONG and JURIANSZ JJ.A.

COUNSEL:

Brian W. King Q.C.

for the appellant

Karmel Sakran

for the respondent

HEARD & ENDORSED:

March 23, 2007

On appeal from the order of Justice Quigley of the Superior Court of Justice dated June 28, 2006.

A P P E A L B O O K E N D O R S E M E N T

[1] The motions judge made findings of fact that the appellant was aware he was being sued personally and had not moved promptly nor adequately explained the delay in setting aside the default judgment. These findings are entitled to substantial deference and we have not been persuaded that the findings are unreasonable. Accordingly, the appeal is dismissed with costs fixed at $5,000 inclusive of G.S.T. and disbursements. The funds held as security for costs to be paid out to respondent’s counsel.