The plaintiffs brought a motion for default judgment after the defendants’ statement of defence was struck and the defendants were noted in default.
The action arose from the purchase of a farm property where the plaintiffs alleged negligent misrepresentation, active concealment of defects, and breach of contract relating to deficiencies including septic failure, mold, unsafe well water, infertile soil, and misrepresented acreage.
Under Rule 25.07(2) of the Rules of Civil Procedure, the defendants were deemed to admit the facts pleaded, leaving damages as the remaining issue.
Based on affidavit evidence, the court assessed damages for loss of property value, remediation expenses, labour, and loss of use and enjoyment.
Aggravated damages were refused, and judgment was granted with costs.
