This is a decision about default judgment between crossclaiming defendants.
Released November 7, 2016 | Full Decision [CanLII]
The Plaintiff was injured in an accident when the Defendant failed to stop at a stop sign. The Plaintiff sued both the vehicle owner and operator. The owner defended the claim and crossclaimed against the driver. In its Statement of Defence and Crossclaim, the Defendant Owner alleged (among other things) that:
- the Defendant Driver had been operating the vehicle negligently;
- that the Defendant Driver had been charged; and,
- that the Defendant Drive did not have a valid license.
The Defendant Driver was noted in default. The Defendant Owner settled with the Plaintiff. The Defendant Owner then brought default proceedings against the Defendant Driver to recover what it had paid to the Plaintiff as a settlement. The Plaintiff brought default proceedings against the Defendant Driver for pre-judgment interest.
The Court ran through the proper approach to be applied on a motion for default judgment. In the result, the Court found the Defendant Driver completely liable for the crash. It was satisfied that the agreed settlement fell within the range of reasonable awards. The Defendant Driver was therefore required to fully indemnify the Defendant Owner. Further, the Plaintiff was entitled to pre-judgment interest from the Date of Settlement to the date of default judgment.
Read the full decision on CanLII