The motion judge found that there was overwhelming evidence that the appellants were personally served and that they decided to ignore the process. There is ample evidence, including video recordings, to support the finding. It is established that a conscious decision not to participate in the proceedings bars consideration of a defence for the merits, even if one exists: Schill & Beninger Plumbing & Heating Ltd. v. Gallagher Estate (2001) 140 OAC 353.
Sunlife Assurance Company of Canada v. Premier Financial Group Incorporated (Premier Financial), 2013 ONCA 151 (Ont. C.A.) per curiam: Sharpe, Epstein and Pepall JJ.A.