Motion for Default Judgment: The motion for default judgment was heard in writing.
Service of Documents: Justice Chalmers directed the plaintiffs to ensure the defendants were properly served with the motion record. The plaintiffs provided an affidavit of service indicating the documents were sent via email and regular mail.
Non-compliance of Defendants: The defendants had a history of non-compliance, leading to their statement of defense being struck by Associate Justice Frank.
Breach of Agreements: The case involves a breach of a development agreement and a construction services agreement, with a claim based on unjust enrichment.
Court's Decision:
Judgment Amount: The plaintiffs were awarded $267,790.10.
Pre-Judgment Interest: Awarded from June 15, 2015, at 1% per year, totaling an additional $24,084.61.
Post-Judgment Interest: Awarded at 7% per year.
Costs: Partial indemnity fees of $17,364 plus HST of $2,257.32, and disbursements of $2,727.86, totaling $22,349.18.
Further Action: Plaintiffs' counsel to forward a revised draft judgment for signature.
