Undefended

The plaintiffs, a married couple, brought an action in negligence against their former solicitor for mishandling multiple personal injury claims.

The solicitor failed to defend the action and was noted in default, leading to an undefended trial for the assessment of damages.

The court found the solicitor's conduct deplorable, noting improvident settlements for motor vehicle accidents and a complete failure to issue a claim or apply for statutory accident benefits for a slip and fall incident.

The court awarded the plaintiffs significant damages for non-pecuniary losses, past loss of income, and Family Law Act claims.

The plaintiff brought a second motion for default judgment seeking damages, an injunction, and recovery of decontamination equipment from a former licensee.

The court found that the plaintiff failed to exercise its contractual option to repurchase the equipment, meaning the defendant lawfully owned it.

The court also rejected the plaintiff's attempt to restrict the defendant's use of the equipment based on vague intellectual property claims over 'know-how'.

As the plaintiff's claims for conversion, passing off, and unjust enrichment were premised on the erroneous assumption that the defendant could not use the equipment, and no concrete evidence of actual damages was provided, the balance of the action was dismissed.