Stephen M Panzer

The defendant moved for an order setting aside his noting in default.

The court considered the factors for setting aside default, including the defendant's explanation for delay, the substantial value of the claim, and the lack of prejudice to the plaintiffs.

The motion was granted, and the noting in default was set aside on terms, allowing the defendant to file a statement of defence and setting timelines for document exchange.

The defendant moved to set aside a noting in default and default judgment, as well as an order for a writ of possession and a certificate of lien related to unpaid common expenses.

The court found that the defendant failed to prove she did not receive notice of the claim, delayed significantly in bringing the motion, and presented no arguable defence on the merits.

The motion was dismissed, but the plaintiff agreed to a 90-day stay on eviction.

The plaintiffs sought leave to register a Certificate of Pending Litigation (CPL) on a property, claiming an equitable interest based on resulting trust or an oral trust agreement.

The court dismissed the motion, finding no triable issue regarding the plaintiffs' claim to an interest in the property and that the equities did not favour granting the CPL.

The court found insufficient credible evidence to support either a gratuitous transfer for a resulting trust or the alleged oral trust agreement, noting inconsistencies in the plaintiffs' evidence and an adverse inference drawn from refusal to disclose electronic files.