Telus Communications Inc. v. Marche

COURT OF APPEAL FOR ONTARIO

DATE: 20211207 DOCKET: C67529

Doherty, Benotto and Huscroft JJ.A.

Parties and Counsel

BETWEEN

Telus Communications Inc. Plaintiff (Respondent)

and

Patricia Marche (also known as Patricia Kerr and Patricia Marche-Kerr) and 1261140 Ontario Inc. Defendants (Appellants)

and

Susan Worsley Defendant (Respondent)

Counsel: Brian Illion, for the appellants Patricia Marche and 1261140 Ontario Inc. Lucas Lung, for the respondent Telus Communications Inc. No one appearing for the respondent Susan Worsley

Heard and released orally: December 2, 2021

On appeal from the order of Justice Janet Leiper of the Superior Court of Justice, dated September 12, 2019.

Reasons for Decision

[1] This case turned on the straightforward application of well-established principles governing motions to set aside default judgment.

[2] The motion judge found that the application of each of the principles identified by her spoke against setting aside this default judgment. It was of particular significance to the motion judge that there was no air of reality to any of the defences proposed by the appellant.

[3] We see no error in that assessment. A determination of whether default judgment should be set aside ultimately involves the exercise of discretion by the motion judge. The motion judge did not error either in the identification of the relevant principles or the application of those principles and we cannot interfere with her exercise of her discretion.

[4] The appeal is dismissed.

[5] Costs to the respondent in the amount of $13,000, inclusive of disbursements and relevant taxes.

"Doherty J.A."

"M.L. Benotto J.A."

"Grant Huscroft J.A."