CIVIL PROCEDURE - Default judgments - Requirement of debt or liquidated demand - Setting aside

Law360 Canada ( January 5, 2021, 6:12 AM EST) -- Appeal by the defendant from the dismissal of her application to set aside a default judgment against her and an order directing that $114,000 paid into court by the appellant, be paid to the respondent. The action arose from the parties’ relationship which started with business and moved to romance. The parties cohabited in the appellant’s residence between 2007 and 2012. The respondent alleged that by a promissory note, the appellant acknowledged that she owed him $114,000 payable upon availability of the funds or sale of her house. The claim alleged the respondent then advanced additional monies to the appellant and that she had not repaid any of the loans or made any repayments on the monies owed him. The respondent also alleged he had a beneficial interest in the house based on the agreement he would be repaid upon sale of the house, that he had a beneficial interest in the house as a result of repairs, improvements and general upkeep that he performed, and that he had a beneficial interest in the house because he assisted with paying the mortgage while the parties resided together as common law spouses....
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