Key Facts:

• Court of Appeal for Ontario dealt with the case.
• The case concerns a commercial lease dispute.

Procedural History:

1. Default Judgment:
   • January 10, 2023: Mr. Bray and Triloq Corp. were noted in default.
   • April 16, 2024: Default judgment granted by Justice Heather J. Williams.
   • May 13, 2024: Judgment awarded included:
     • Damages: $69,948.75.
     • Costs: $67,400.
     • Prejudgment and postjudgment interest starting April 2024.
2. Appeal:
   • Edgar Bray attempted to appeal the default judgment.
   • Moving parties filed a motion to quash the notice of appeal.

Court's Decision:

• The motion to quash was granted because:
  • Default judgments are interlocutory and not appealable as final orders under section 6(1)(b) of the Courts of Justice Act.
  • The proper procedure to challenge a default judgment is a motion to set it aside under Rule 19.08 of the Rules of Civil Procedure.
• Costs Awarded:
  • Bray to pay $7,000 on a substantial indemnity basis, reflecting the unnecessary nature of the motion.

Key Legal Points:

• Interlocutory Nature of Default Judgments: Confirmed through case law (e.g., 10720143 Canada Corp. v. 2698874 Ontario Inc., 2023 ONCA 463).
• The motion to set aside is a preferred and efficient remedy for default judgments.