Aviva Canada brought a motion for default judgment against Toshera Harry for breach of contract, seeking to recover $36,126.40 paid out under an insurance policy.
Aviva alleged that Harry made misrepresentations in her insurance applications, rendering the policy void ab initio.
Harry failed to participate in the action, leading to her statement of defence being struck and her being noted in default.
The court granted default judgment, finding that Harry's default admitted the allegations in the statement of claim.
