Court of Appeal for Ontario

Citation: 2017 ONCA 503 Date: 2017-06-15 Docket: C62271

Judges: Simmons, Lauwers and Hourigan JJ.A.

Parties

Between

Paccar Leasing Company Limited Respondent

and

Sevco Corporation, Kardel Inc., Elize Blouin aka Elizabeth Blouin, Susan Blouin, Susan Hebert, Gregory Blouin and Gregory Hebert Appellants

Counsel

Glenn P. Bogue, for the appellants

Sally Lee, for the respondent

Hearing and Appeal

Heard: February 10, 2017

On appeal from the order of Justice D.A. Wilson of the Superior Court of Justice, dated June 8, 2016.

Appeal Book Endorsement

[1] We see no basis on which to interfere with the motion judge's decision to strike the appellants' statement of defence.

[2] The motion to strike was adjourned to June 7, 2016 to permit the appellants to pay a long outstanding costs award or file evidence to support their claim of impecuniosity. The appellants did neither.

[3] Although the appellants do have a pending motion to "strike" them as defendants, there was no evidence before the motion judge to support their assertions. Nor is there any such evidence before us.

[4] Costs of the appeal to the responding parties fixed in the agreed upon amount of $4,000.00 inclusive of disbursements and applicable taxes.