The plaintiff brought a motion for default judgment against the MCI and Zebu Defendants for breach of contract regarding unpaid construction invoices.
The defendants had been noted in default and were deemed to admit the allegations in the statement of claim under s. 54(4) of the Construction Act.
The court found the evidence corroborated the claim and granted default judgment in the amount of $116,382.46.
Following precedent, the court determined it must issue a report rather than a judgment, as the motion took place within a reference.
Substantial indemnity costs of $7,000 were awarded to the plaintiff.
