Court File and Parties

COURT FILE NO.: CV-21-00655488

DATE: 20210415

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: RIVORE METALS LLC Applicant

AND:

JUSTUS VELDMAN, RIVERSEDGE DEVELOPMENTS INC. and OUTQUIP INC. Respondents

BEFORE: Mr. Justice Chalmers

COUNSEL: E. Kay and J. Suttner, for the Applicant

HEARD: April 9, 2021, by writing

Endorsement

[1] On June 15, 2015, the Applicant loaned $110,900.99 to the Respondents. The Respondents signed a promissory note. The parties agreed that the promissory note was governed by the laws of the State of Michigan. The Respondents failed to repay the promissory note. The Applicant brought an action in Oakland County, Michigan. The Respondents were served with the Complaint on October 6, 2018, as evidenced by the Affidavits of Service of Edward Krizmonics, sworn October 17, 2018. The Respondents did not defend the Michigan action.

[2] On January 30, 2019, the Circuit Court for the County of Oakland, in the State of Michigan granted default judgment in favour of the Applicant, Rivore Metals LLC against the Respondents, Justus Veldman, Riverside Developments Inc., and Outquip Inc. in the amount of US $132,711.86, plus interest at the rate of 6% per annum from the date of judgment (the “Judgment”).

[3] On February 8, 2019, the Respondents were served with copies of the Judgment. The Respondents have not contacted the Applicant or made any payments to satisfy the Judgment.

[4] The Applicant brings this Application, without notice, for an order pursuant to s. 2 of the Reciprocal Enforcement of Judgments Act, R.S.O. 1990, c. R.5, registering the Judgment in the Ontario Superior Court of Justice. Pursuant to s. 2(2) of the Reciprocal Enforcement of Judgments Act, if the judgment debtor was served with process in the original action and did not appear or defend, or otherwise submit to the jurisdiction of the original court, the motion to register the judgment in Ontario may be made without notice.

[5] Here, the Respondents were served with the Complaint issued in Michigan on October 6, 2018 but chose to not defend the action. In addition, the Respondents received a copy of the Judgment and did not take any steps to satisfy the Judgment. I am satisfied that the Applicant is not required to provide notice of this Application to the Respondents.

[6] The Judgment was given in a reciprocating state, and the Application is brought within six years of the date of the Judgment. I am satisfied that the Applicant is entitled to the order sought.

[7] Order to go in accordance with the draft order filed and signed by me.

DATE: April 15, 2021