K. Du Vernet

The plaintiff brought a motion for judgment under Rule 49.09 after the defendant failed to comply with the terms of an accepted offer to settle.

The parties had settled the action for $90,000 payable in installments, with a term that default would result in consent to judgment for the outstanding balance plus $10,000 in costs.

The defendant defaulted on the final $30,000 and failed to respond to the motion.

The court granted judgment for the outstanding $30,000 plus $10,000 in costs.

The plaintiff brought a motion for judgment under Rule 49.09 after the defendant defaulted on a $90,000 settlement agreement.

The motion was initially adjourned by an Associate Justice for lack of jurisdiction and directed to proceed in writing before a judge.

The court found that the motion materials had not been properly served on the defendant, as no formal lawyer of record existed.

The motion was adjourned to allow the plaintiff to properly serve the defendant pursuant to Rule 16.01(4).

Following the dismissal of the applicant's applications to remove the respondent as an estate trustee and compel the closing of a real estate transaction, the court determined costs.

The court found that the applicant's unilateral actions necessitated the litigation and that he should be personally liable for costs, rather than the estate.

The respondent was awarded costs fixed at $15,000 plus disbursements and HST on a partial indemnity basis.