Court File and Parties

Citation: Akagi v. Synergy Group (2000) Inc., 2011 ONCA 201

Date: 20110314

Docket: C52728

Court of Appeal for Ontario

Before: Doherty, Feldman and Epstein JJ.A.

Between:

Trent Akagi Plaintiff (Appellant)

and

Synergy Group (2000) Inc., Shane Davidson Smith, David Prentice, Sandra Delahaye, and Jean Lucien Breau Defendants (Respondents)

Counsel: Terry Corsianos, for appellant Gerald Matlofsky, for the respondents

Heard: March 11, 2011

On appeal from the order of Justice Whitaker of the Superior Court of Justice dated September 3, 2010.

Appeal Book Endorsement

[1] We are not prepared to interfere with the motion judge’s determination that the default judgment should be set aside.

[2] The motion judge, however, failed to consider the prejudice to the plaintiff. He should have imposed terms on the respondents. We would vary his order as follows:

i. The appellant should have his costs thrown away and fixed at $15,000 payable within 30 days;

ii. The respondents shall within 30 days pay $60,000 into court to the credit of the action pending the outcome of the trial or further order of the court.

[3] Costs to the appellant in the amount of $7,000. The respondents have 30 days to pay this amount.