J.M. Donohue

At trial, the defendants sought a further adjournment after a history of previous adjournments and their failure to attend court.

The court acknowledged the difficulty faced by defence counsel but noted that the defendants were not present for trial and that the conditions set out in an earlier endorsement had been met.

As a result, the court dismissed the defence and counterclaim and directed that the action proceed as an undefended matter.

The plaintiff was permitted to requisition default judgment through the Registrar pursuant to the Rules.

Following a prior decision in the underlying proceeding, the court addressed costs.

The court accepted the written submissions of the applicant and one respondent regarding the appropriate allocation of costs.

Applying the criteria under the Rules governing costs assessments and considering the procedural history and outcome of the litigation, the court ordered that costs be payable by the other respondent.

Costs were awarded to both the applicant and the co-respondent.