



COURT OF APPEAL FOR ONTARIO

CITATION: AMV Leasing Limited v. De Palma, 2015 ONCA 200

DATE: 20150325

DOCKET: C59232

Simmons, Tulloch and Pardu JJ.A.

BETWEEN

AMV Leasing Limited and

Lawlor Enterprises Inc.

Plaintiff/Respondents

and

Claudia De Palma
, Vittoria De Palma,

Castellini
    Homes Inc., Amlap Development Corp.,

and Antoinetta De Palma

Defendants

(Claudia
    De Palma  Appellant)

Eddy J. Battiston and Harold Rosenberg, for the
    appellants

Robert K. Brown, for the respondents

Heard: March 18, 2015

On appeal from the judgment of Justice David Price of the
    Superior Court of Justice, dated July 14, 2014.

APPEAL BOOK ENDORSEMENT

[1]

The motion judges decision refusing to set aside the noting of default
    is a discretionary order.  In reaching his decision, he considered all relevant
    circumstances including the fact that the appellant has not complied with an
    outstanding order for production  a factor that the motion judge concluded
    could prejudice the respondents.  The appellant has not demonstrated any basis
    for setting aside the motion judges findings or his exercise of discretion.

[2]

Since the respondents obtained an order to proceed under s. 69 of the
Bankruptcy
    and Insolvency Act
, we are not satisfied that rule 11 of the
Rules of
    Civil Procedure
is applicable in these circumstances. See
Micallef v.
    Dodig
, [2009] O.J. No. 5564 (Div. Ct.).

[3]

The appeal is therefore dismissed.  Costs of the appeal are awarded to
    the respondents on a partial indemnity basis, fixed in the amount of $5,500
    inclusive of all applicable taxes and disbursements.


