COURT OF APPEAL FOR ONTARIO

DATE: 20260224

DOCKET: COA-26-CV-0160

Roberts, Monahan, and Wilson JJ.A.

BETWEEN

Johann Ingarra, Anthony Ingarra, John Paul Ingarra, Paul Evans, and Shaun Henderson

Plaintiffs (Respondents)

and

Cartel & Bui LLP, Nicholas Cartel* and Singa Bui

Defendants (Appellant*)

Nicholas Cartel, acting in person

Johann Ingarra, Anthony Ingarra, John Paul Ingarra, Paul Evans and Shaun Henderson, acting in person

Heard: in writing

Determination pursuant to r. 2.1 of the Rules of Civil Procedure , R.R.O. 1990, Reg. 194, with respect to the appeal from the judgment of Justice William S. Chalmers of the Superior Court of Justice, dated January 8, 2026.

REASONS FOR DECISION

[ 1 ] The self-represented respondents request that the appeal served by Nicholas Cartel, dated February 9, 2026, be dismissed pursuant to r. 2.1.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 on the basis that it is frivolous, vexatious, or an abuse of process.

[ 2 ] We agree this is an appropriate case for the court to invoke the r. 2.1.01 process and we dispense with the need for further submissions from any parties as contemplated under r. 2.1.01(8).

[ 3 ] The appellant, Nicholas Cartel, was a defendant in a claim brought by the respondents claiming damages against Cartel, his wife and their law firm. It was alleged that loans were made, and Cartel and the other defendants appropriated the funds. The appellant failed to deliver a statement of defence and was noted in default. The respondents brought a motion for default judgment which was granted by the motion judge on January 8, 2026. The appellant served a notice of appeal from the judgment, asking that the judgment be set aside and that he be permitted to file a statement of defence.

[ 4 ] A default judgment is an interlocutory order: Add-Vance Service Centre Ltd. v. Triloq Corp., 2024 ONCA 940, at para. 6. As such, this court does not have jurisdiction to hear an appeal from such an order: Courts of Justice Act , R.S.O. 1990, c. C.43, s. 6(1). Moreover, the proper procedure for challenging a default judgment is to have it set aside under r. 19.08 of the Rules of Civil Procedure. A party subject to a default judgment is prohibited from taking another step in the action, other than a motion to set aside the noting of default or any judgment obtained by reason of the default, without leave of the court or the consent of the plaintiff: r. 19.02(1) (b).

[ 5 ] As this court lacks jurisdiction, the appeal is frivolous and constitutes an abuse of process: Amstar Pool ILP v. Tweneboa-Kodua, 2025 ONCA 493, at para. 8.

[ 6 ] The appeal is dismissed. There is no order as to costs.

“L.B. Roberts J.A.”

“P.J. Monahan J.A.”

“D.A. Wilson J.A.