Daniel Kraus

The plaintiff brought a motion in writing for default judgment on a liquidated amount arising from a loan and guarantee agreement.

Despite the lack of a factum and issues with the calculation of the contractual interest rate, the court was satisfied that the individual defendant had notice of the lawsuit.

The court granted default judgment for the principal balance of $54,711.74, along with pre-judgment interest at the statutory rate of 4.0 percent, and partial indemnity costs.

The plaintiff, Chicago Title Insurance Co., sought compliance with a prior order requiring the defendants, Lukas Gabor and Katarina Rybarova, to attend judgment debtor examinations.

After initial non-attendance, only Ms. Rybarova appeared and provided undertakings, some of which remain outstanding.

Mr. Gabor subsequently attended but then made an assignment into bankruptcy, resulting in a stay of proceedings against him.

The court adjourned the motion sine die as against Mr. Gabor and scheduled a case conference with Ms. Rybarova to address outstanding undertakings and the issue of costs.

The Plaintiff, a commercial lender, sought summary judgment against John McCrindle, the personal guarantor of a defaulted business loan.

The co-defendant, 1521105 Ontario Inc. o/a System Fitness, was already subject to a default judgment.

Despite the respondent's counsel having no instructions, the court found no genuine issue requiring a trial, noting admissions in the respondent's Statement of Defence and the plaintiff's supporting evidence.

Summary judgment was granted for the outstanding loan balance plus contractual interest and costs, affirming that partial summary judgment is appropriate when there is no risk of conflicting findings.