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1565703 Ontario Limited v. St. Clair Tavern (Sarnia) Limited; 1565703 Ontario Limited v. St. Clair Tavern (Sarnia) Limited

1565703 Ontario Limited v. St. Clair Tavern (Sarnia) Limited; 1565703 Ontario Limited v. St. Clair Tavern (Sarnia) Limited

In 1565703 Ontario Limited v. St. Clair Tavern (Sarnia) Limited, 2011 ONCA 523, the Court of Appeal for Ontario overturned a default judgment on the basis that the respondent had not properly proved its default judgment. The Court of Appeal held that it was in the interests of justice to set aside the default judgment to permit the appellant to contest the quantum of the respondent’s claim and pursue its counterclaim.