Legal Blog

Default Judgment – Fast Practice

Shedden Investments Inc. v. Freitas 2019 Ont SCJ

Statement of claim was served May 13, 2019. On June 14, 2019, defendants’ lawyer served a notice of intent to defend (already out of time). He sought an indulgence to file the defence and explained that his clients had cognitive disabilities making it difficult for them to understand documents, which resulted in some extra time needed to investigate the claim. Without replying to the letter, the plaintiff’s lawyer moved for default judgment on June 24, 2019. The judge set aside the default judgment as of right, noting that the plaintiff’s counsel did not even “extend the courtesy of a reply. Within 11 days, he had obtained default judgment. In my view those precipitous actions were unprofessional and uncivilised.” The judge awarded substantial indemnity costs of the motion of $7,000.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.