Court File and Parties

CITATION: Bayview Financial, L.P. v. Spartan Collision Corporation, 2007 ONCA 683

DATE: 20071009

DOCKET: C47098

COURT OF APPEAL FOR ONTARIO

FELDMAN, ARMSTRONG AND MACFARLAND JJ.A.

BETWEEN:

BAYVIEW FINANCIAL, L.P.

Plaintiff (Respondent)

And

SPARTAN COLLISION CORPORATION and PETER ALIFERIS

Defendants (Appellants)

Counsel:

Diane Condo for the appellants

Ian Cantor for the respondent

Heard and released orally: October 3, 2007

On appeal from the order of Justice David Moseley Brown of the Superior Court of Justice dated April 26, 2007.

ENDORSEMENT

[1] We agree with the motion judge that the appellant failed to meet the test necessary to set aside the default judgment.

[2] The affidavit evidence filed by the appellants does not, in our view, disclose a triable issue.

[3] We agree with the trial judge that there is simply no merit in the proposed defence. The appeal is dismissed.

“K. Feldman J.A.”

“Robert P. Armstrong J.A.”

“J. MacFarland J.A.”