Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: On Deck Capital Canada, Inc, Plaintiff
AND:
Grant Macpherson a.k.a Grant David Macpherson and Prairie Boy Inc. o/a Prairie Boy Bread, Defendants
BEFORE: Justice Grant R. Dow
COUNSEL: Jessica Hewlett, Daniel Kraus, Counsels, for On Deck Capital Canada, Inc., Plaintiff Grant Macpherson, Self Represented
HEARD: March 13, 2026
Endorsement
1This motion in writing for default judgment on a liquidated amount was to be heard in writing in the week of January 26, 2026 in accordance with the Endorsement/Order of Justice Des Rosiers dated December 12, 2025. It was assigned to me on March 6, 2025.
2Justice Des Rosiers’ endorsement provided for service with reference to this Court’s decision in Casa Manila Inc. v. Iannuccili, 2018, ONSC 7083, which sets out reasons for the need for personal service or, as stated in sub-paragraph (b) of Justice Des Rosiers’ Endorsement the need for “particulars of a basis for a judge to find that the Defendant received the statement of claim and motion record or otherwise knows about the lawsuit”. Further, no factum was provided despite Rule 37.12.1(4) and Justice Des Rosiers’ Endorsement requiring same.
3Fortunately, the motion material sets out an extended history of contact with the defendant, Macpherson, who was the controlling mind of the corporate defendant, Prairie Boy Inc. and I am satisfied he knows about the lawsuit.
4Despite the affidavit of the Director of Collections and Legal Affairs of the plaintiff, Christopher Lawrence that the initial amount was for $102,200 made on November 19, 2021 with mixed principal on interest payments of $356.70 per business day, I was unable to duplicate a calculation of the loan amount to payment of interest at 20.75% per year. I was also unable to find any reference to that rate of interest within the twelve-page loan and guarantee agreement. An accounting statement (Exhibit C to the affidavit of Christopher Lawrence sworn on June 21, 2024) sets out a balance owing as of November 7, 2022 of $54,711.74. This is in accord with the principal amount being sought for default judgment and is awarded.
5Alternatively, the Motion Record sought pre-judgment interest at a rate in accordance with section 127 of the Courts of Justice Act, R.S.O.1990,c.C.43. The statement of claim, having been issued March 29, 2023 and served April 11, 2023 results in a pre-judgment interest rate of 4.0 percent per year and I award same in accordance with the discretion provided under section 130 of the Courts of Justice Act, supra.
6I calculate pre-judgment interest from April 11, 2023 to March 13, 2026 or 1068 days at 4 percent per year to be $6,399.14 ($5.9917 per day) and is awarded.
7I also award post-judgment interest at the Courts of Justice Act, supra rate of 4.0 percent per year.
8The Costs Outline uploaded to Case Center sets out appropriate amounts of time and partial indemnity rates for counsel. As a result, I fix costs as requested in the amount of partial indemnity fees of $8,681.67 plus HST of $1,128.62. Disbursements were claimed at $800.80 (presumably inclusive of HST). I calculate and fix costs in the total amount of $10,611.09 which is awarded.
9Judgment to issue as signed by me.
Mr. Justice G. Dow
Date: March 13, 2026