Issue: Luciano sought permission to file a late appeal against a judgment finding her liable for $25,083.54 plus costs and declaring her actions fraudulent.
Background:
- In October 2022, Luciano signed a Conditional Sales Contract and Credit Application, falsely reporting her gross monthly income as $4,800.
- BMO financed a vehicle purchase based on this information, but Luciano later defaulted on payments.
- BMO sued for fraudulent misrepresentation, and a summary judgment was issued in November 2023.
Procedural History:
- Luciano, self-represented at the time, did not appeal within the 10-day period and filed for bankruptcy in December 2023.
- In March 2024, she applied to file a late appeal, claiming the car dealership (AHOC) misrepresented her income on the documents.
Court's Decision:
- The court confirmed Luciano was properly served on November 17, 2023, and the appeal period expired on November 27, 2023.
- Applying the Cairns test, the court found no justifiable reason for the delay.
- The application to file a late appeal was dismissed, with $675 in costs awarded to BMO.
Total Monetary Award/Costs/Damages:
- Damages: $25,083.54 awarded to BMO.
- Costs: An additional $6,000 in costs related to the initial judgment.
- Additional Costs: $675 awarded to BMO for the costs of the application to file a late appeal.
Total: The total amount granted/ordered in favor of BMO was $31,758.54.
