Rishi Nageshar

The plaintiff brought a motion for default judgment against the defendants, a construction company and its principal, for breach of a home renovation contract.

The defendants were noted in default after failing to properly file a notice of intent to defend.

The court found that the defendants breached the contract, provided limited labour and materials, and misappropriated funds, resulting in unjust enrichment.

The plaintiff was awarded $78,636.97 in damages for overpayments and remedial costs, plus partial indemnity costs.

The plaintiffs brought a motion to strike the defendants' statement of defence and dismiss their counterclaim for failing to comply with previous court orders regarding undertakings and appointing legal counsel for the corporate defendant.

The court dismissed the motion to strike, finding that the defendants had not shown a wanton disregard for the rules, noting that the COVID-19 pandemic and financial hardship caused the delays.

Instead, the court granted lesser remedies, including allowing the individual defendant to represent the corporate defendant and ordering third-party disclosure to satisfy the outstanding undertakings.