ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Joss Covenoho
Plaintiff
- and -
Ceridian Canada and Pendylum Inc.
Defendants
In Person
HEARD: May 29, 2015
Default Judgment
WHITAKER J.
1This is the plaintiff’s motion for default judgment in court file no. CV-15-522160 and under Rule 19.05. There is other litigation between the parties, not before me in the motion.
2The defendant was noted in default on March 25, 2015.
3The Registrar was not prepared to grant the summary judgment sought by the plaintiff on the basis that the plaintiff was seeking remedies that were not liquidated damages.
4The most recent activity is set out in the Endorsement of Myers J dated April 16, 2015, dismissing the defendants’ request for an Order under Rule 2.1.
5I have reviewed the statement of claim which consists or assertions of mixed fact and law. It is difficult to understand and follow.
6In my view, this claim is fundamentally misconceived. The plaintiff’s theory is based on the assertion that she is entitled to a lifelong position. This cannot be proven and is clearly not the case.
7The facts asserted do not permit the granting of judgment.
8The relief sought by the plaintiff could not be obtained even if the underlying facts in this matter were to be proven.
9To the extent that the claims can be understood, the facts pled cannot permit the conclusions of law set out in the statement of claim.
10The request for default judgment is dismissed.
11The parties may address the issue of costs within two weeks on two pages.
WHITAKER, J.
DATE: June 2, 2015
CITATION: Covenoho v. Ceridian Canada and Pendylum Inc., 2015 ONSC 3543
COURT FILE NO: CV-15-522160
DATE: 20150602
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Joss Covenoho
Plaintiff
- and -
Ceridian Canada and Pendylum Inc.
Defendants
REASONS FOR DECISION
WHITAKER J.
Released: June 2, 2015