Background: The case involved Todd Humphries (plaintiff) and Robert Bruce MacDonald (defendant). The plaintiff initiated the action to recover funds from three loans given to the defendant, which had matured but were not repaid.

Legal Proceedings:

• Commencement: The action was commenced on October 6, 2023.
• Service of Notice: The defendant was personally served on January 10, 2024, but did not respond.
• Default Judgment: On March 19, 2024, the plaintiff obtained a default judgment against the defendant, with damages and costs to be assessed.
• Application for Damages: The plaintiff filed for assessment of damages on July 18, 2024, without notifying the defendant.

Legal Arguments/Issues:

• The plaintiff argued for the assessment of damages without notifying the defendant, citing Rule 3-8(13).
• Previous cases such as Wang v. Corsa Auto Gallery Ltd., and National Home Warranty Group Inc. v. Red Rose Appliances & Plumbing Ltd. supported this approach, confirming that notice was not required for parties in default.

Judgment: The court assessed the damages in favor of Todd Humphries at $120,000, exclusive of interest and costs.