[1] D.L. CORBETT J.: — The defendant, Jennifer Lee, impersonated the plaintiff, Eric Abramovitz, thereby frustrating a unique
opportunity to advance his career as a professional musician. She
apparently did this because she feared that Mr. Abramovitz would
move to California, away from her, perhaps ending their relationship. These reasons explain why I grant default judgment and
substantial damages against Ms. Lee for her despicable interference
in Mr. Abramovitz’s career.
Default Judgment
[2] This action was commenced on August 30, 2016. The
defendant, Ms. Lee, was personally served with the statement of
claim in Montreal on September 28, 2016, as disclosed in the affidavit of service of Sidy Seydi sworn September 30, 2016. Ms. Lee
did not file a notice of intent to defend or a statement of defence,
and she was noted in default on November 14, 2016. The plaintiff,
Mr. Abramovitz, moved in writing for summary judgment on
October 12, 2017.
Effect of the Default
[3] A defendant who has been noted in default is deemed to
admit the truth of all allegations of fact made in the statement of
claim: rule 19.02(1) [of the Rules of Civil Procedure, R.R.O. 1990,
Reg. 194]. A defendant who has been noted in default is not entitled to notice of any step in the action and need not be served
with any document in the action, except where the court orders
otherwise: rule 19.02(3).1
[4] Where a defendant has been noted in default, the plaintiff
may move before a judge for judgment against the defendant on
the statement of claim in respect to any claim for which default
judgment has not been signed: rule 19.05(1). Such a motion for
judgment shall be supported by evidence given by affidavit if the
claim is for unliquidated damages: rule 19.05(2).
[5] A plaintiff is not entitled to judgment on a motion for judgment merely because the facts alleged in the statement of claim
are deemed to be admitted, unless the facts entitle the plaintiff to
judgment: rule 19.06.
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1 There are exceptions to this rule, which do not apply in this case.
