The plaintiff sought additional provisions to be included in a previously granted default judgment arising from a fraud action.
Specifically, the moving party requested language declaring that the judgment survived bankruptcy under s. 178 of the Bankruptcy and Insolvency Act and an order relieving it from making a separation payment under a termination agreement.
The court held that default judgment cannot grant relief not sought in the originating process or the notice of motion.
The court further held that whether a judgment survives bankruptcy discharge must be determined in proceedings under s. 178 of the BIA.
The requested additions were refused and the submitted order was amended accordingly.
