K.A. Tranquilli

The plaintiffs obtained a default judgment against the defendant following a fatal motor vehicle collision.

The defendant's insurer, Certas, brought a motion to be added as a statutory third party under s. 258(14) of the Insurance Act, having denied coverage to the defendant.

The plaintiffs opposed the motion, arguing Certas delayed and should be bound by the default judgment.

The court granted the motion, finding Certas met the statutory conditions and that the plaintiffs' failure to notify the insurer of their imminent default judgment motion negated any claim of prejudice.

The plaintiff brought a motion to strike the defendants' statement of defence in an action for a construction debt and breach of trust.

The defendants failed to produce a proper affidavit of documents, failed to attend scheduled examinations for discovery, and offered no credible commitment to remedy their non-compliance over the course of a year.

Applying the principles from Falcon Lumber, the court found the defendants' non-compliance to be deliberate, material, and unequivocal.

The court exercised its discretion to strike the statement of defence and awarded the plaintiff costs thrown away.