The plaintiff brought a motion without notice to note the defendant, Toronto District School Board (TDSB), in default after serving an amended statement of claim by email.
The TDSB's counsel had previously accepted email service for the original statement of claim and attended case conferences, but no statement of defence was filed.
The Registrar rejected the default request, stating the amended claim required personal service.
The court dismissed the plaintiff's motion, finding no circumstances rendering service of the motion impracticable or unnecessary.
The judge emphasized that granting such a motion without notice would likely lead to further proceedings to set aside the default, contrary to the objectives of the Rules of Civil Procedure to secure a just, expeditious, and least expensive determination on the merits.
