In this matter the defendant’s statement of defence had been struck for failure to provide a list
of documents or written answers to interrogatories. The plaintiff now brought this motion for
default judgment. The Prothonotary noted that on a motion for default judgement there are
two questions: is the defendant in default and is there evidence to support the plaintiff’s claim.
On the first question the Prothonotary held that the effect of having a defence struck is
tantamount to not filing a defence at all and, therefore, default judgment is available. On the
second question the Prothonotary noted that a plaintiff may not rely on deemed denials and
therefore a plaintiff must prove its case by affidavit evidence. The plaintiff had done so and was
granted judgment.