What is the test for a default judgment motion?

Ontario, Canada


The following excerpt is from Lougheed v. Garden City Entrepreneurs Inc., 2008 CanLII 38262 (ON SC):

If I am in error in reaching this conclusion, I would make the following additional observations. Many of the claims advanced in this motion require a trial with oral evidence pursuant to rule 19.05 (3) and following that, an assessment of damages if any. I have reached this conclusion in spite of the plaintiffs’ submission that the defendants have been noted in default, an allegation which has not been established. Even in the absence of the arbitration clause, and assuming the defendants have been noted in default, I would have concluded that the plaintiffs were not entitled to much of the relief sought on a default judgment motion by reason of rule 19.06 which requires that entitlement to judgment be clearly established, even when the facts alleged in the statement of claim are deemed to be admitted under rule 19.02(1)(a) (see CD v. RD, [2006] O.J. No 2304). The convoluted nature of the plaintiffs’ materials do not clearly establish entitlement to relief and a trial would be necessary, in my view, as a response to this motion.

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