and declare that Manuela Andrade holds registered title in the
property as trustee for the estate of Luisa Andrade; and order
Manuela Andrade to forthwith transfer all of her right, title
and interest in the property to the estate of Luisa Andrade.
 If the parties are unable to agree on costs in the court
below, they shall provide their written submissions to this
court within 20 days, limited to five pages each, exclusive of
any bill of costs or offer to settle. The respondent shall pay
the appellant’s costs of the appeal fixed at $30,000, the amount
agreed between the parties, which is inclusive of HST and
Wine v. Karmiol et al.
[Indexed as: Wine v. Karmiol]
2016 ONSC 3144
Superior Court of Justice, Warkentin J. May 13, 2016
Civil procedure — Default judgment — Setting aside — Plaintiff moving for leave to appeal order of motion judge setting aside default judgment against two defendants — Motion dismissed — No good reason
existing to doubt correctness of motion judge’s decision despite factual
error about when one defendant retained counsel.
The plaintiff noted the defendants M and S in default in September 2014.
M was suffering from mental health issues at the time and both defendants were
involved in marital and child protection proceedings. S retained counsel in September 2014 after being noted in default. The plaintiff obtained default judgment
against both defendants. The defendants moved successfully to set aside the
default judgment. The plaintiff moved for leave to appeal that order.
Held, the motion should be dismissed.
The motion judge properly considered the factors required to set aside a default
judgment. While he made a factual error in finding that M retained counsel in
September 2014, that error did not provide good reason to doubt the correctness
of his decision when considered in the light of his entire reasoning.
Cases referred to
Ash v. Lloyd’s Corp. (1992), 8 O.R. (3d) 282,  O.J. No. 894 (Gen. Div.);
Bell ExpressVu Limited Partnership v. Morgan,  O.J. No. 4758, 67 C.P.C.
(6th) 263, 171 A.C. W.S. (3d) 426 (Div. Ct.); Judson v. Mitchele (2011), 108 O.R.
(3d) 129,  O.J. No. 4914, 2011 ONSC 6004 (S.C.J.); Mountain View Farms
Ltd. v. McQueen (2014), 119 O.R. (3d) 561,  O.J. No. 1197, 2014 ONCA
194, 317 O.A.C. 255, 372 D.L.R. (4th) 526, 56 C.P.C. (7th) 133, 239 A.C.W.S.