COURT OF APPEAL FOR ONTARIO

CITATION: 1860035 Ontario Ltd. v. Velika Realty Inc., 2016 ONCA 195

DATE: 20160307

DOCKET: C61183

Laskin, MacFarland and Roberts JJ.A.

BETWEEN

1860035 Ontario Ltd.

Plaintiff (Respondent)

and

Velika Realty Inc. and Ahmed Abou-Gabal

Defendants (Appellants)

Charles L. Merovitz, for the appellants

Craig O'Brien, for the respondent

Heard: March 4, 2016

On appeal from the judgment of Justice Paul B. Kane of the Superior Court of Justice, September 15, 2015.

APPEAL BOOK ENDORSEMENT

[1] The appellants appeal the order of Kane J. striking their statement of defence. In support of their appeal they seek to file fresh evidence. Their main submission is that their failure to file defending material is the fault of their lawyer. We do not see the record that way. As both Robertson J. and Kane J. recognized, the position the appellants now find themselves in is due to their own intransigence. They have failed to comply with a litany of court orders and even in their fresh evidence material have not put forward any evidence showing a defence to any of these orders.

[2] Kane J. properly recognized that a court should only reluctantly strike a defendant’s statement of defence. In his opinion this was one of those rare cases in which it was appropriate to do so. We agree. The appeal is dismissed as is the motion to admit fresh evidence. The respondent is entitled to its costs of the appeal and the fresh evidence motion in the amount of $19,000 inclusive of disbursements and applicable taxes.