The plaintiff developer brought a motion for default judgment against the self-represented defendant for failing to close on an agreement of purchase and sale for a new home.
The defendant, a refugee facing a removal order, failed to file a defence or any evidence regarding his financial circumstances despite being granted an adjournment to do so.
The court found the plaintiff took reasonable steps to mitigate its damages by reselling the property at a lower price.
Default judgment was granted, and the defendant was ordered to pay damages representing the difference in sale price, real estate commissions, and legal fees, plus partial indemnity costs.