Summary: The case involves Storoszko & Associates ("Storoszko") and 1489767 Ontario Limited, where a default judgment was initially granted by Justice Trimble on June 24, 2018, in favor of Storoszko. Donald Hughes, associated with the defendant company, sought to vary this judgment under Rule 59.06, which was dismissed, leading to his appeal to the Court of Appeal.

Key Points:

• Jurisdiction Dispute: The main issue was whether the Court of Appeal had jurisdiction to hear Hughes' appeal. Storoszko argued that the court lacked jurisdiction as the order under appeal was interlocutory, which would require leave from the Divisional Court.
• Nature of the Order: The court determined that the motion to vary a final judgment, being dismissed, was itself a final judgment, making the Court of Appeal the correct venue for the appeal.
• Subsequent Proceedings and Abuse of Process: The court was critical of the use of the appeal process to delay proceedings, describing it as an abuse of process. The original motion to vary was brought nearly three years after Hughes was noted in default, and further appeals were seen as attempts to delay the inevitable bankruptcy proceedings.

Outcome:

• The motion to quash the appeal was dismissed, allowing the appeal to proceed in the Court of Appeal.
• However, the appeal itself was summarily dismissed as an abuse of process, emphasizing that the court will not permit procedural delays to hinder the administration of justice.
• Costs of $6,000 were awarded to Storoszko.