Court File and Parties
COURT FILE NO.: CV-19-00631329-0000
DATE: 20210407
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: CHAN
AND:
HEADMAN
BEFORE: Mr. Justice Chalmers
COUNSEL: C. Marino, for the Plaintiff
No one appearing for the Defendant
HEARD: April 7, 2021, by teleconference
ENDORSEMENT
The parties entered into Minutes of Settlement, which included a payment schedule. At the same time, the parties entered into a Consent Judgment which would be invoked if the defendant defaulted on the payment schedule. A default occurred. The plaintiff brings this motion pursuant to R. 49.09 seeking judgment in the amount of $350,000, plus costs.
The motion was triaged by Justice Myers. In his endorsement dated March 3, 2021, he convened a case conference on notice to the Defendant’s counsel, who was requested to attend regardless of instructions. Justice Myers stated that on the case conference the judgment may be signed or if an oral motion is required, the judge may schedule the motion.
The case conference was conducted on April 7, 2021. Despite the request set out in Justice Myers’ endorsement, counsel for the defendant did not attend. Counsel for the Plaintiff advised that he provided the coordinates for the conference call to counsel for the defendants. The defendant’s solicitor of record advised that Mr. Headman was retaining new counsel and he would not be attending the case conference. Plaintiff’s counsel also received an email from Mr. Headman, advising that he was in the process of retaining new counsel, but had not yet done so. In the email, Mr. Headman requested that the case conference be adjourned to give him time to retain new counsel. Mr. Headman did not attend the case conference.
I am prepared to schedule the motion for an oral hearing at this time. I schedule the motion for May 3, 2021 for one hour. The date is peremptory on the defendant. I establish the following timetable for the motion:
The plaintiff will serve the motion record and a copy of this endorsement on the defendant’s lawyer of record, with a copy to Mr. Headman by email, by April 9, 2021;
If the defendant intends to oppose the motion, he is required to deliver the responding motion record by April 19, 2021;
If the defendant does not deliver responding materials by April 19, 2021, the motion will proceed on an unopposed basis;
There is no requirement for the parties to deliver factums.
- I remain seized.
DATE: April 7, 2021