Adam Pennino

The plaintiffs, William and Rhodean Weiser, brought a motion for default judgment against Hussein (Sam) Sumaida and his sole proprietorships (collectively 'Sam and Crew') for damages resulting from a flood caused by negligent roof repairs.

The defendants had failed to defend the proceeding and were noted in default.

The court applied the test for default judgment, finding the defendants liable for both negligence and breach of contract based on deemed admissions and supporting evidence.

The plaintiffs were awarded damages totaling $60,896.89 plus interest and costs.

The defendant Roberts Bros.

Sheet Metal Contractors Ltd. (RBSMC) brought a motion to set aside a noting in default and permit the filing of a statement of defence and crossclaim.

The court declined to sign the requested order because RBSMC failed to comply with Rule 37.12.1(3) of the Rules of Civil Procedure, which requires a notice of non-opposition from all responding parties for an "unopposed" motion to proceed in writing.

The court emphasized that co-defendants are also affected parties, particularly when crossclaims are contemplated, and their formal non-opposition is necessary, unlike the simpler procedure under Rule 19.03(2) which relies solely on plaintiff consent.

The court provided guidance on alternative procedural routes for RBSMC to pursue the motion.

This decision addresses a motion by non-settling defendants (Watts Water Technologies) to expand a Pierringer Agreement order.

The non-settling defendants sought to include provisions allowing them to use discovery transcripts of settling defendants at trial, serve requests to admit, and compel testimony from settling defendant representatives.

The court denied these requests, finding them premature and matters best left to the trial judge's discretion.

The court emphasized that a model order for class actions should be tailored to specific circumstances and not automatically applied to non-class actions.