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digest of the week - “Forged default judgment ‘fraudulent attack’ ”

2013 CarswellOnt 282
D'Souza v. Linton
Ontario Superior Court of Justice
Judgment: January 7, 2013

Civil practice and procedure | Default proceedings | Application to set aside default judgment | Miscellaneous

When judgment falsified — Plaintiffs, who were paralegal and real estate agent, commenced action against vendors and purchasers of property in Toronto as well as lawyers and other entities associated with sale of property — Plaintiffs purported to obtain default judgment against defendant W — W brought motion to set aside default judgment — Motion granted — Default judgment had been falsified by plaintiffs and used to threaten serious consequences against defendants, including criminal proceedings — Plaintiffs also sent copies of fake judgment to three regulatory bodies in support of professional complaints — Plaintiffs' conduct, in faking judgment, was calculated to obstruct or interfere with due course of justice, constituted fraudulent attack on administration of justice and amounted to reckless disregard for judicial process — Plaintiffs' behaviour reprehensible, scandalous and outrageous — Full indemnity costs ordered against plaintiffs.

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