The plaintiff, Karl Speers, brought a motion for default judgment against the defendant, Solar Logix Inc., after the defendant failed to deliver a statement of defence and was noted in default.
The claim was for breach of contract, seeking the return of a deposit due to the defendant's failure to perform contract terms within the required timeframe.
The court reviewed the motion record and, applying Rules 19.02, 19.05, and 19.06 of the Rules of Civil Procedure, found that the deemed admissions of fact and adduced evidence entitled the plaintiff to judgment.
Damages were awarded for the deposit amount, along with pre-judgment and post-judgment interest, and costs.