2 total
Application to register Newfoundland default judgments in Ontario granted as no statutory exceptions applied.
The applicant sought to register two default judgments obtained in Newfoundland against the respondents in Ontario under the Reciprocal Enforcement of Judgments Act.
The judgments arose from personal guarantees on a defaulted mortgage.
The respondents opposed registration, arguing they did not carry on business in Newfoundland, were not properly served, and that the judgments were obtained by fraud.
The court rejected these arguments, finding the respondents were directors of Newfoundland companies, were properly served in Ontario, and failed to provide evidence of fraud or a good defence.
The application was granted and the judgments were ordered registered in Ontario.
Mandamus application dismissed as proposed development would violate Provincial Policy Statement.
The applicant sought an order of mandamus requiring the conservation authority to consider its permit application under the Conservation Authorities Act.
The Divisional Court dismissed the application, finding that the order would have no practical value or effect because the proposed development would violate the Provincial Policy Statement's prohibition against development in a floodway.
The court also noted concerns regarding the applicant's delay in bringing the application.
