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Motion for default judgment adjourned due to jurisdictional, venue, service, and evidentiary deficiencies.
The plaintiff brought a motion for default judgment in a wrongful dismissal action following the defendants' failure to defend.
The court adjourned the motion without prejudice due to several threshold issues: lack of proof of service of the motion materials, the damages claimed exceeding the $200,000 monetary jurisdiction of the simplified procedure (Rule 76), the action being commenced in the wrong venue (Toronto instead of Brampton or Burlington), and reliance on inadmissible hearsay and unsworn exhibit contents in the supporting affidavit.
A case conference was directed to resolve the venue issue.
