Hartwick O’shea & Cartwright Ltd. v. DRP Transportation

Hartwick O’shea & Cartwright Ltd. v. DRP Transportation

Because the defendant was in default and the plaintiff provided evidence establishing indebtedness of $35,012.08, the court struck the defendant’s statement of defence and counterclaim, entered judgment for the principal with interest at 5% per annum from October 30, 2014 under the Interest Act, awarded fixed costs of $10,000, and made the judgment enforceable against the partnership and its partner as the directing mind.

Citation
2016 FC 1107
Parties
Plaintiff: Hartwick O’Shea & Cartwright Ltd.; Defendant: DRP Transportation
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 October 2016
Procedural Posture
Debt Recovery (civil) / Ex Parte Motion for Default Judgment
Outcome
Default judgment for plaintiff
Legal Topics
Default Judgment, Striking Pleadings, Interest on Debt, Offers to Settle, Costs Fixation, Personal Liability of Partner
Source Language
English
Civil Procedure Contract Debt Recovery Costs Law Partnership Law Interest Law Default Judgment Striking Pleadings +4 more

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Parties

Hartwick O’Shea & Cartwright Ltd.

Plaintiff

DRP Transportation

Defendant

Procedural Posture

Debt Recovery (civil) / Ex Parte Motion for Default Judgment

Legal Issues

  1. 1 Whether the defendant was in default and a default judgment could be granted
  2. 2 Whether the plaintiff proved indebtedness and the amount owing
  3. 3 Appropriate interest rate and commencement date for interest

Ratio Decidendi

Because the defendant was in default and the plaintiff provided evidence establishing indebtedness of $35,012.08, the court struck the defendant’s statement of defence and counterclaim, entered judgment for the principal with interest at 5% per annum from October 30, 2014 under the Interest Act, awarded fixed costs of $10,000, and made the judgment enforceable against the partnership and its partner as the directing mind.

Court Disposition

Default judgment for plaintiff

Orders

  • Defendant’s Statement of Defence and Counterclaim are struck.
  • Defendant is ordered to pay the plaintiff the principal amount of 35012.08 CAD with interest at 5% per annum from October 30, 2014.