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Appeal-Judicial Review - Reasons - None Given. Freeman’s Service Centre Ltd. v. Modern Auto Parts Limited
In Freeman’s Service Centre Ltd. v. Modern Auto Parts Limited (Ont CA, 2023) the Court of Appeal dismissed an inadequate 'reasons for decision' appeal, even though the motion judge (in an unopposed motion) issued no reasons at all (apparently not even oral reasons):[4] The Cedarholme Defendants seek to set aside the Order primarily on the basis that the motion judge failed to give any reasons for his decision. While the motion judge did not give any reasons for the Order made on an unopposed basket motion, the record clearly discloses the basis upon which it was made: R. v. Sheppard, 2002 SCC 26, [2002] 1 S.C.R. 869, at paras. 37 and 46; R. v. G.F., 2021 SCC 20, 459 D.L.R. (4th) 375, at paras. 70-71.
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[6] In our view, the record clearly discloses the reason why Broad J. struck out the Cedarholme Defendants’ pleading: notwithstanding the multiple opportunities they were given to answer undertakings, they failed to file any materials in response to Freeman’s motion to strike and failed to provide answers to the remaining undertakings. The Cedarholme Defendants were treated fairly during this process but failed to avail themselves of the opportunities given to them by the court to satisfy their undertaking obligations and to respond to Freeman’s motion. Striking out the Cedarholme Defendants’ pleading for their default was a remedy available to the motion judge in the circumstances.
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