Court of Appeal for Ontario

CITATION: Sattar v. Ali, 2009 ONCA 382

DATE: 20090506

DOCKET: C49118

BEFORE: Goudge, MacPherson and Rouleau JJ.A.

BETWEEN:

Asif Sattar, Imtyaz Sattar, and Qadeer Sattar

Plaintiffs (Respondents)

and

Hamed Ali, Amana Investments LLC, 786 Solutions Inc. and 786Solutions.Com Corp.

Defendants (Appellants)

COUNSEL:

Alfred J. Esterbauer, for the appellant

Anna Markiewicz, for the respondent

Heard and endorsed orally: May 1, 2009

On appeal from the judgment of Ellen MacDonald of the Superior Court of Justice dated June 20, 2008.

APPEAL BOOK ENDORSEMENT

[1] In our view the motion judge did not consider either prejudice or the possible merits of any defence. Putting those factors on the scale where no prejudice is advanced and a defence is put forward in the appellant’s affidavit, the just result, despite the significantly inadequate representation provided by the appellant’s previous counsel is that the appeal should be allowed, the order of Master Egan should be set aside, as should the Registrar’s order noting the appellant in default. Defence to be filed within 10 days. No costs either here or before E. MacDonald J.