2021 FC, 2021 FC 1094

Date: 20211018 Docket: T-100-21 Citation: 2021 FC 1094 Ottawa, Ontario, October 18, 2021 PRESENT: Madam Justice Walker BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Plaintiff And FRANCISCUS ANTONIUS DESWART, AKA FRANK DESWART AND NANCY ELAINE BAER Defendants JUDGMENT AND REASONS UPON EX PARTE MOTION in writing filed on October 5, 2021 on behalf of the Plaintiff, Her Majesty the Queen in Right of Canada, pursuant to the Rules 210(1) and 369 of the Federal Courts Rules , SOR/98-106 , for: 1 . an order for default judgment against the Defendants for the amounts claimed in the Statement of Claim on the basis that the Defendants have not filed a Statement of Defence; 2 . an order for the Plaintiff’s costs of this action; and 3 . such further and other relief as this Court may deem just.

AND UPON reading the material filed on behalf of the Plaintiff: [ 1 ] On a motion for default judgment, the Court has two questions before it: (1) are the defendants in default?; and (2) is there evidence to support the plaintiff's claim? ( Chase Manhattan Corp v 3133559 Canada Inc, 2001 FCT 895 ). [ 2 ] In this regard, I emphasize that granting default judgment is never automatic, particularly when the matter is ex parte ( Trimble Solutions Corporation v Quantum Dynamics Inc. , 2021 FC 63 at para 36 ).

I am required to rigorously review the evidence presented and be able to conclude, on a balance of probabilities, that it establishes the Plaintiff’s claim. [ 3 ] On the first question, the Plaintiff has established that personal service of the Statement of Claim was effected on the Defendants on January 14, 2021. There is no record of any Statement of Defence being filed by or on behalf of the Defendants within the time provided in Rule 204.

In the circumstances, I am satisfied that the Defendants are in default. [ 4 ] With regard to the second question, the Plaintiff’s motion is supported by the affidavit and attached exhibits of Theresa Bennett, a Legal Assistant with the Department of Justice. On the basis of the deponent’s evidence, I am satisfied that: (1) the amounts claimed by the Plaintiff in the Statement of Claim, as a result of advance(

s) under the Agricultural Marketing Programs Act , SC 1997, c 20 , are due and owing by the Defendants; (2) demand for payment was made by the Plaintiff; and (3) the Defendants have failed to pay the outstanding amounts and accrued interest. In the circumstances, the Plaintiff is entitled to the relief requested in the Statement of Claim and its costs, as detailed in the affidavit of Theresa Bennett. JUDGMENT IN T-100-21 THIS COURT’S JUDGMENT is that: 1 .

The Plaintiff recover from the Defendants the amount of $567,407.94 , plus interest at the rate prescribed by the provisions of the Financial Administration Act , RSC 1985, c F-11 , from September 30, 2021 to the date of this Judgment and Reasons; 2 . Interest on the above-noted sum shall accrue at the rate of 5.00 percent per annum from the date of this Judgment and Reasons. 3 . Costs in the amount of $750.00 payable by the Defendants forthwith are awarded to the Plaintiff. "Elizabeth Walker" Judge

FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-100-21 STYLE OF CAUSE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA v FRANCISCUS ANTONIUS DESWART, AKA FRANK DESWART AND NANCY ELAINE BAER EX PARTE MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULES 210 AND 369 OF THE FEDERAL COURTS RULES JUDGMENT AND REASONS: WALKER J. DATED: October 18, 2021 WRITTEN REPRESENTATIONS BY: Derek Edwards For The Plaintiff SOLICITORS OF RECORD : Attorney General of Canada Toronto, Ontario For The Plaintiff