PROCEEDINGS - Appeals and judicial review - Standard of review

Law360 Canada (June 5, 2023, 8:57 AM EDT) -- Appeal by Gokturk from the Summary Trial Decision and the Reconsideration Decision on grounds that the judge erred both in granting judgment on the Judgment Application and in dismissing the Reconsideration Application. Gokturk operated a cryptocurrency exchange known as Einstein Exchange Inc. (Einstein). Nelson was a technology entrepreneur who traded in cryptocurrency. Nelson agreed to sell Gokturk 50 bitcoin (BTC) at an agreed total purchase price of $535,000. There was no dispute that Nelson transferred the 50 BTC shortly thereafter but was never paid, because of which he commenced an action by filing a notice of civil claim. Nelson filed an application seeking judgment on the claim (Judgment Application). Gokturk did not respond to the Judgment Application. The chambers judge granted judgment in favour of Nelson (Summary Trial Decision). Gokturk filed a notice of application seeking reconsideration of the Summary Trial Decision (Reconsideration Application). The Reconsideration Application was based in part on Gokturk’s assertion that he was never properly served with the Judgment Application. The Reconsideration Application was dismissed. The judge found a contract existed between Nelson and Gokturk for the sale of 50 BTC. She held there was no evidence to support Gokturk’s assertion that Einstein was a party to the contract....
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