Court of Appeal for Ontario

Date: 2019-09-16 Docket: C66499

Panel: Hoy A.C.J.O., Nordheimer and Jamal JJ.A.

Between

Lucy Damiani Appellant (Defendant)

and

QSR Group Inc. Respondent (Plaintiff)

Counsel

M. Tubie, for the appellant

Cameron D. Neil, for the respondent

Heard and released orally: September 13, 2019

On appeal from: the judgment of Justice D. Gray of the Superior Court of Justice, dated January 10, 2019.

Reasons for Decision

[1] The appellant appeals the judgment of Gray J., dismissing her motion to set aside her noting in default and granting default judgment to the respondent. She argues that Gray J. erred in his assessment of the merits of her defence.

[2] On March 5, 2019, Harvison Young J.A. dismissed the appellant's motion for a stay pending appeal. In her endorsement, she comprehensively reviewed the background of this matter and, in considering whether the appellant had demonstrated that there was a "serious issue to be tried", addressed the arguments the appellant makes on this appeal.

[3] We agree with Harvison Young J.A.'s analysis of the appellant's arguments. We conclude that this appeal is without merit. There is no basis to interfere with the discretionary decision of Gray J.

[4] Accordingly, this appeal is dismissed. We award costs of the appeal, fixed in the amount of $4,600, to the respondent.

"Alexandra Hoy A.C.J.O."

"I.V.B. Nordheimer J.A."

"M. Jamal J.A."