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Defendants Should be Given Notice of Motions for Default Judgment in Toronto

When bringing a motion for default judgment in Toronto, plaintiffs should serve their motion materials on the defendants against whom judgment is sought. This is not required by the Rules of Civil Procedure or by a practice direction.

However, in Madison Homes v. Ng, 2021 ONSC 3104, Justice J. Wilson noted that several previous decisions of the Court have indicated that this is a best practice.

If plaintiffs do not provide defendants with notice of the motion, they risk the motion being adjourned.