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Background:
Khuspal Singh Bains (Plaintiff) filed a claim against Jusjeet Singh Dadwal (Defendant) over an unpaid loan of $193,000, which was due on March 29, 2022. The defendant allegedly failed to repay the principal and contractual interest.
Legal Issues & Arguments:
The plaintiff sought to strike the defendant’s response to the civil claim under Supreme Court Civil Rule 22-7(5) and requested a default judgment of $188,000, plus interest of $153,869.61 (with a per diem rate of $125.14), and costs.
The defendant failed to provide full responses during examination for discovery, submit a proper list of documents, and comply with court orders.
The plaintiff previously applied for summary judgment, but it was denied due to unclear loan repayment terms.
The defendant, now represented by counsel, claimed any deficiencies could be remedied.
Court Rulings:
The court denied the plaintiff’s request to strike the defendant’s response but allowed a future application if noncompliance continued.
The defendant’s request to adjourn the trial was granted due to insufficient preparation time.
The defendant was ordered to make ongoing interest payments starting January 1, 2025.
Costs & Award:
The plaintiff was awarded costs at Scale B for the adjournment and applications. Financial terms were not specified.
If the defendant failed to make an interest payment, his response would be struck.
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Plaintiff
Defendant
Court
Supreme Court of British ColumbiaCase Number
S245441Practice Area
Civil litigationAmount
Not specified/UnspecifiedWinner
PlaintiffTrial Start Date