Fera v. Arista Homes Limited, et al

Case Overview:

• Motion: Brought by Jose Ramos to set aside a default judgment from September 21, 2021.

Key Background Facts:

• Fera alleged sexual harassment and wrongful dismissal after her employment with Arista Homes ended in 2012.
• Parallel proceedings included:
  • A Human Rights Tribunal of Ontario (HRTO) claim (later barred due to the civil suit).
  • Criminal charges against Ramos, which were withdrawn.
• Ramos failed to update his address for service during the litigation, leading to missed notices.

Legal Analysis:

• Default Judgment Test (Mountain View Farms Ltd. v. McQueen):

  1. Prompt Action: Ramos moved quickly after learning of the judgment.
  2. Plausible Excuse: Ramos argued lack of notice due to address issues. While some fault was attributed to Ramos, the court noted the plaintiff’s failure to confirm service.
  3. Arguable Defense: Ramos denied allegations and demonstrated intent to defend in prior related proceedings.

• Potential Prejudice:

  • Ramos faced significant financial and reputational harm.
  • Plaintiff's prejudice (e.g., undergoing trial) deemed outweighed by the need for a fair trial on merits.

Court's Decision:

• Ramos’ motion to set aside the default judgment was granted, including:
  • Revocation of the default judgment and reinstatement of his Statement of Defense.
  • Revival of the lawsuit for determination on the merits.
  • Establishment of a timetable for litigation.
  • Cost adjustments based on future agreements or court determinations.
• The exact total monetary figures for costs were not explicitly determined yet but will depend on further agreements or court rulings.