Robert Calderwood

The plaintiff brought a motion for default judgment after noting the defendants in default for failing to file a statement of defence in a breach of contract claim regarding a share purchase agreement.

The self-represented individual defendant moved to set aside the noting in default, citing language barriers, confusion over legal representation, and the COVID-19 pandemic.

The court dismissed the motion to set aside, finding the defendant's explanations not credible and his conduct strategic and delaying.

The court granted the plaintiff's motion for default judgment, awarding $204,000 based on deemed admissions and documentary evidence.

The plaintiff landlord sued the defendant corporate tenant and its principal as indemnifier for unpaid rent and future rental losses after the tenant abandoned the commercial premises.

The tenant argued there was an informal understanding to delay enforcement while a new tenant was found, and that assigning the liquor license released the indemnifier.

The court found no enforceable agreement to release the indemnifier or delay enforcement.

The landlord reasonably mitigated its damages by re-letting the premises.

Judgment was granted for the landlord for arrears and future rental losses, less the security deposit.