The plaintiffs, 542491 Ontario Limited and Donald Foster, brought a motion for default judgment against the defendant, 8240631 Canada Inc. carrying on business as Innovation CLIC, after the defendant's statement of defence was struck and it was noted in default.
The court found that while the defendant was deemed to admit the facts in the statement of claim, the plaintiffs still needed to prove their legal entitlement to judgment and damages.
The court awarded partial damages of $79,745.15 for unpaid commissions but found deficiencies in the evidence regarding wrongful dismissal damages and the nature of the employment/contractor relationship, directing these remaining issues to proceed to trial.
