13 Dec 2019
Because the defendant executed a clear admission of the cause of action under r 15.16 and did not seek to be heard, judgment was properly entered on the admission and the court fixed costs on a 2B basis but disallowed a specific contested disbursement item of $717, resulting in costs of $9,082 plus disbursements of $1,400.
13 Jun 2018
The firm had ceased acting for the appellant in March 2015 so no conflict existed; the email correspondence, read objectively, did not create a binding condition precluding any entry of judgment for 12 months but required interim payments and good faith communication, which the appellant failed to provide; entry of judgment was therefore permissible and the appeal is dismissed.
19 Dec 2013
The Supreme Court (majority) held that a plaintiff may file an admission signed in advance by the defendant (acting effectively as agent) provided proceedings are filed and the defendant is properly served; an admission that sets out the principal and a clear mechanism for calculating interest, costs and other charges complies with r 15.16(4) so long as the exact sum can be precisely ascertained; r 15.16(2) confers a general discretionary power to permit withdrawal in the interests of justice but refusal may be appropriate where the defendant has not challenged underlying liability; according…