Satwant S. Merwar

The plaintiff brought a motion for default judgment against the defendants for unpaid loans and to set aside a property transfer as a fraudulent conveyance.

The defendants had been noted in default after failing to file a statement of defence.

The court granted judgment for the liquidated claim of $2,162,196.00, finding the calculations supported by the loan agreement and deemed admissions.

The court also set aside the transfer of the Richmond Hill property to the defendant's wife, concluding it was a fraudulent conveyance intended to defeat creditors.

The plaintiff brought a motion to restore her action to the trial list.

The action was commenced in 1999 and struck from the trial list in 2004.

The court applied the conjunctive test from Nissar, finding the plaintiff failed to provide an acceptable explanation for the delay.

Furthermore, the court found actual prejudice to the defendants due to fading memories, the death of a key witness, and the terminal illness of one of the defendants.

The motion was dismissed with costs awarded to the defendants.

The appellants appealed the dismissal of their action on a summary judgment motion, arguing the motion judge erred in refusing to further adjourn the hearing.

The Court of Appeal dismissed the appeal, finding that the refusal to adjourn was a reasonable exercise of discretion given the history of the claim and a previous adjournment granted at the appellants' request.

The action was properly dismissed under Rule 20.

The successful party on a motion for summary judgment sought costs following the court’s disposition of the motion.

The court confirmed that the moving party had been entirely successful and therefore entitled to recover costs thrown away.

The court ordered the responding party to pay costs in the amount of $29,426.61.

Payment was directed to be made forthwith and in any event within 30 days.