Court File and Parties
COURT FILE NO.: CV-20-00642962 DATE: 2021-04-16 SUPERIOR COURT OF JUSTICE – ONTARIO
RE: AIRD & BERLIS LLP, Plaintiff AND: RENATA FORD, Defendant
BEFORE: Mr. Justice Chalmers
COUNSEL: P. Miehls for the Plaintiff No one appearing for the Defendant
HEARD: April 16, 2021, by writing
Endorsement
[1]
Background
On February 5, 2018, the Defendant entered into a retainer agreement with the Plaintiff. The Defendant retained the Plaintiff law firm in connection with the distribution of her late husband’s estate and the business and affairs of her late husband’s family business. The Plaintiff provided legal advice and services to the Defendant. The Defendant rendered invoices for services rendered. The invoices state that payment is due on receipt and that interest will be charged at the rate of 1.5% per annum on unpaid accounts calculated from one month after the invoice is rendered.
2Pursuant to the retainer agreement, the Defendant agreed to pay all fees and disbursements incurred by the Plaintiff in connection with the legal services rendered to the Defendant. The Defendant did not pay the invoices despite request. On June 24, 2020, a Statement of Claim was issued in which the Plaintiff claims for the amounts owing for legal fees, disbursements, late payments charges and applicable taxes. The claim was served personally on the Defendant on July 21, 2020 as evidenced by the Affidavit of Service of Andrew Attisano sworn July 22, 2020.
3In the Statement of Claim, the Plaintiff calculated the amount owing with respect to the three invoices as of February 25, 2020:
| Date | Invoice Amount | Interest | Unpaid Balance |
|---|---|---|---|
| April 4, 2018 | $ 30,507.88 | $ 858.82 | $ 31,366.70 |
| December 31, 2018 | $214,633.29 | $3,881.04 | $218,514.33 |
| April 17, 2019 | $ 36,355.43 | $ 497.52 | $ 36,852.95 |
| TOTAL | $286,733.98 |
4The Defendant did not respond to the Statement of Claim and was noted in default on November 13, 2020. No payments were made with respect to the invoices. The Plaintiff calculated the additional interest from February 26, 2020 to January 15, 2021 to be $3,817.88.
[5]
Procedural History
The Plaintiff moved for default judgment. The matter came before Justice Sanderson. In her endorsement dated March 4, 2021, Justice Sanderson noted that the Plaintiff provided no evidence that the motion for default judgment had been served on the Defendant. She dismissed the motion without prejudice to the Plaintiff bringing the motion after the motion for default judgement has been served.
6On March 11, 2021, the Plaintiff served the endorsement of Justice Sanderson and the motion record by mail addressed to the Defendant at 7 Munhall Rd. Etobicoke. The Defendant has not responded to the Motion.
[7]
Analysis
The Defendant failed to respond to the Statement of Claim and is deemed to admit the allegations contained therein. The Defendant failed to respond to this motion for Default Judgment although properly served. The Plaintiff has established that the Defendant is in breach of the retainer agreement dated February 5, 2018. I am satisfied that the Plaintiff is entitled to the relief sought.
[8]
Disposition
I grant default judgment to the Plaintiff and order the Defendant to pay the sum of $290,551.86.
9I order costs to the Plaintiff fixed in the amount of $2,500 inclusive of counsel fee, disbursements and HST.
10Order to go in accordance with the draft judgment filed and signed by me.
DATE: April 16, 2021