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Rule Details
LUND v QUINN MAINTENANCE INC
Rules Discussed
- Rule 3.36 Judgment in default of defence and noting in default
- Rule 3.37 Application for judgment against defendant noted in default
Case Summary
The Plaintiff sought Default Judgment for damages by way of Application without notice to the Defendant as they failed to defend in a claim for wrongful dismissal. Justice Eamon noted that the Plaintiff had properly noted the Defendant in default under Rule 3.36. The Plaintiff then applied pursuant to Rule 3.37 for Default Judgment. After reviewing the details of the Plaintiff’s employment, Justice Eamon awarded $121,777.96 in salary, $2,214.00 in lost benefits, prejudgment and post-judgment interest and Schedule C Costs.