The plaintiff moved for judgment against a defendant who had been noted in default after his statement of defence was struck and he failed to participate in the litigation process.
The action arose from a failed agreement of purchase and sale for a ski resort property valued at $16 million, where the purchasing corporation and its shareholders failed to complete the transaction.
The court granted leave under Rule 48.04(1) of the Rules of Civil Procedure to bring the motion despite the matter having been set down for trial, finding a substantial and unexpected change in circumstances due to the defendant’s post‑trial-setting default and non-participation.
Because the defendant was noted in default, the allegations in the statement of claim were deemed admitted.
The court accepted the plaintiff’s appraisal evidence and awarded damages for breach of contract and misrepresentation.
