The Toronto-Dominion Bank brought an ex parte motion to amend a default judgment from 2015 to add an alleged alias of the defendant, "Joseph Raymond Wing," and to obtain a writ of seizure and sale in that name.
The court denied the requested relief, finding that the plaintiff failed to provide sufficient admissible evidence to establish that the defendant and Joseph Raymond Wing were the same person.
The court also noted the plaintiff's lack of due diligence in discovering the alleged alias earlier and expressed strong disapproval of counsel's conduct in bringing such a motion ex parte with inadequate materials.
The motion was adjourned to be heard orally on notice to both the defendant and Joseph Raymond Wing.
