CITATION: Akagi v. Synergy Group (2000) Inc., 2011 ONCA 201 |
DATE: 20110314 |
DOCKET: C52728 |
COURT OF APPEAL FOR ONTARIO |
Doherty, Feldman and Epstein JJ.A. |
BETWEEN |
Trent Akagi |
Plaintiff (Appellant) |
and |
Synergy Group (2000) Inc., Shane Davidson Smith, David Prentice, Sandra Delahaye, and Jean Lucien Breau |
Defendants (Respondents) |
Terry Corsianos, for appellant |
Gerald Matlofsky, for the respondents |
Heard: March 11, 2011 |
On appeal from the order of Justice Whitaker of the Superior Court of Justice dated September 3, 2010. |
APPEAL BOOK ENDORSEMENT |
[1] We are not prepared to interfere with the motion judge’s determination that the default judgment should be set aside.
[2] The motion judge, however, failed to consider the prejudice to the plaintiff. He should have imposed terms on the respondents. We would vary his order as follows:
i. The appellant should have his costs thrown away and fixed at $15,000 payable within 30 days;
ii. The respondents shall within 30 days pay $60,000 into court to the credit of the action pending the outcome of the trial or further order of the court.
[3] Costs to the appellant in the amount of $7,000. The respondents have 30 days to pay this amount.