Court File and Parties

Court File No.: 6-2009
Date: 2015/10/16
SUPERIOR COURT OF JUSTICE - ONTARIO

Re: Dungannon Custom Building, Plaintiff

AND:

David Hill and Tracy Potter, Defendants

Before: Justice J.M. Donohue

Counsel:
Counsel, for the Plaintiff, Gregory F. Stewart

Counsel, for the Defendants, David A. Reid

Heard: June 8th, 2015

Endorsement

[1] Counsel have been heard in full. There has been a history of adjournments on this trial. Defendant requests a further adjournment today with alternative suggestions for continuation at a later date. I have understanding for the difficulty defence counsel is experiencing. However the fact remains that his clients – the defendants are not present for trial. I now read in my previous endorsement…. The condition of that endorsement has been met. Accordingly I am driven to act in accordance with the endorsement despite Counsel’s predicament. In accordance with the earlier endorsement the defence and counter-claim are dismissed. The action will proceed as an undefended action at this sittings.

[2] Pursuant to the Rules the Plaintiff may requisition Judgment on a default basis through the Registrar

“J.M. Donohue J.”

Justice J.M. Donohue

Date: October 16, 2015