Hanan El Badry brought a motion to set aside a default judgment obtained by 620369 Ontario Inc. (HBC) for breach of trust.
The court determined that the judgment, despite being labeled a default judgment, was essentially a consent judgment due to Minutes of Settlement signed by Hanan and Ottawa Permanent Roofing Inc. Applying the stricter test for setting aside consent judgments, which requires grounds such as fraud or issues with agreement formation, the court found that Hanan failed to provide sufficient evidence to set aside either the Minutes of Settlement or the judgment.
The court also addressed the argument regarding the lack of particulars for breach of trust in the pleadings, concluding that this was not a valid reason to set aside a consent judgment, as a defendant can admit to a general allegation.
Hanan's motion was dismissed.