The Court of Appeal Vandenberg judgement has been updated to ensure no fraud is perpetrated with the assistance of an Appeal Court. Warren A. Lyon is the Barrister and Solicitor on file. The issue with Spence J's judgement is that there is no mortgage to be paid by Vandenberg. She is the owner of the property. Did the Court verify of there was any mortgage registered. So the judgment on March 11, 2011 should not have been a denial. The motion was denied in error by Spence J. on the basis that Ms. Vanden Berg had not moved promptly to set aside the default judgment once she learned about it in October 2010, and in any event, there was no defence on the merits as the mortgages were in default. She says she was self represented and was not sure how to proceed.
The Court of Appeal Vandenberg judgement has been updated to ensure no fraud is perpetrated with the assistance of an Appeal Court. Warren A. Lyon is the Barrister and Solicitor on file. The issue with Spence J's judgement is that there is no mortgage to be paid by Vandenberg. She is the owner of the property. Did the Court verify of there was any mortgage registered. So the judgment on March 11, 2011 should not have been a denial. The motion was denied in error by Spence J. on the basis that Ms. Vanden Berg had not moved promptly to set aside the default judgment once she learned about it in October 2010, and in any event, there was no defence on the merits as the mortgages were in default. She says she was self represented and was not sure how to proceed.
We are concerned about this judgement appearing on Canlii since it is incorrect. We did not appear before the Court in May. Cheek v. Vanden Berg , 2012 ONCA 285 (CanLII) Court of Appeal for Ontario 2012-05-01 | 1 page AI-generated Appeal Practice and procedure Civil procedure — Appeals — Extension of time — Res judicata — Default judgment The Court of Appeal Vandenberg judgement has been updated to ensure no fraud is perpetrated with the assistance of an Appeal Court. Warren A. Lyon is the Barrister and Solicitor on file. The issue with Spence J's judgement is that there is no mortgage to be paid by Vandenberg. She is the owner of the property. Did the Court verify of there was any mortgage registered. So the judgment on March 11, 2011 should not have been a denial. The motion was denied in error by Spence J. on the basis that Ms. Vanden Berg had not moved promptly to set aside the default judgment once she learned abou...
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