Court File and Parties

Court File No.: CV-17-00587727 Motion Heard: 20180905 Superior Court of Justice - Ontario

Re: Kenneth Slaught and Elizabeth Slaught, Plaintiffs And: Ariane Slaught, aka Stephanie Dahl, aka Ariane Bellamar aka Ariane Ballanar, aka Ariane Bellamar Pettitt, aka Ariane Nacht, aka Ariane Audra, aka Ariane Patterson, aka Ariane Kays, aka Ariane Cays, aka Ariane Kays-Patterson, aka Ariane Keys, and Tanner Slaught, Defendants

Before: Master B. McAfee

Counsel: A. Ottaway, Counsel for the Moving Parties, the Plaintiffs No one else appearing

Heard: September 5, 2018

Reasons for Decision

[1] The plaintiffs bring a motion pursuant to Rule 19.04(3.1)(b) for default judgment.

[2] Although not required because the defendants have been noted in default, the plaintiffs provided notice of the motion as a courtesy to the defendants. No one appeared on the motion on behalf of the defendants.

[3] On or about June 29, 2017, the plaintiffs obtained judgment in a California action against the defendants (the California judgment).

[4] On December 4, 2017, the within Ontario action was commenced seeking recognition and enforcement of the California judgment.

[5] On January 16, 2018, the defendants were personally served with the statement of claim in the within action.

[6] On March 20, 2018, the defendants were noted in default in the within action.

[7] On or about March 27, 2018, the plaintiffs filed a requisition for default judgment in the within action with the Registrar. The Registrar declined to sign judgment for the reasons set forth in the Registrar Action Memo dated April 6, 2018.

[8] The plaintiffs have now satisfactorily addressed the issues raised in the Registrar Action Memo.

[9] In addition, I am satisfied that the claim comes within the class of cases referred to in Rule 19.04(1)(a). The claim at issue in the within action is a contract debt between the parties (Castel & Walker, Canadian Conflicts of Laws, Sixth Edition (Toronto: LexisNexis), loose leaf at §14.3 and Ramsay v. Ramsay).

[10] At this time the plaintiffs seek default judgment as against the defendant Ariane Slaught, aka Stephanie Dahl, aka Ariane Bellamar aka Ariane Ballanar, aka Ariane Bellamar Pettitt, aka Ariane Nacht, aka Ariane Audra, aka Ariane Patterson, aka Ariane Kays, aka Ariane Cays, aka Ariane Kays-Patterson, aka Ariane Keys only.

[11] The motion is granted. I have signed the Judgment.

Master B. McAfee Date: September 5, 2018