Civil Litigation Dicta - Default Judgment - Practice
. Curtis v. McCague Borlack LLP
In Curtis v. McCague Borlack LLP (Ont CA, 2024) the Ontario Court of Appeal stated a civil litigation practice principle that parties should not initiate any default proceedings where there are pending interlocutory proceeding regarding the claim (here a "motion to strike the statement of claim under r. 21.01(1)(b)"):
[6] The motion judge did not err in finding that it was improper for the appellants to have noted the respondents in default in the face of the respondents’ pending motion to strike the statement of claim under r. 21.01(1)(b) of the Rules. He was right to set aside the noting in default. The appellants were well aware that doing so was improper and have no excuse for failing to follow the usual practice.
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