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Facts: Alfa Mechanical Inc. sought a default judgment against Seokhwan Chang and Soonhyun Chang, claiming entitlement to a construction lien and personal judgment for $38,822.04. The motion led to a settlement that set aside the default and required the defendants to file a defense, but the parties disagreed on costs.
Issues: The dispute focused on whether Alfa Mechanical Inc. should receive costs for the motion for default judgment and the appropriate amount for costs "thrown away" due to the noting in default.
Court's Ruling: The court denied costs for the motion, reserving Alfa Mechanical’s right to claim those costs in the action's final determination. It ordered the defendants to pay $651, including HST, for costs thrown away due to the noting in default, aligning with the typical full indemnity scale for such costs.
Costs/Damages: The defendants were ordered to pay $651, including HST, for the costs thrown away from the noting in default. Other costs related to the motion can be claimed as part of the action's overall costs.
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Plaintiff
Defendant
Court
Superior Court of Justice - OntarioCase Number
CV-23-699103Practice Area
Construction lawAmount
$ 651Winner
PlaintiffTrial Start Date