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Default judgment granted for breach of equipment leases with 24% contractual interest and substantial indemnity costs.
The plaintiff brought a motion in writing for default judgment against the defendants for breach of three equipment leases.
The defendants failed to file a statement of defence and were noted in default.
The court found the plaintiff established its entitlement to judgment based on the defendants' default in payments and breach of the leases.
Default judgment was granted for the outstanding amounts, plus pre-judgment and post-judgment interest at the contractual rate of 24%, and substantial indemnity costs.
The plaintiff's motion for default judgment was adjourned due to deficient and outdated evidentiary materials.
The plaintiff sought default judgment against the defendants for alleged defaults on three lease agreements.
The motion was brought without notice and lacked proper evidentiary support, including unattached exhibits and outdated affidavit evidence regarding mitigation.
The court adjourned the motion, requiring the plaintiff to serve the defendants with updated materials, including a factum addressing damages, mitigation credits, and interest, and set a schedule for the defendants to respond.
