CIVIL PROCEDURE - Judgments and orders - Default judgments - Noting in default

Law360 Canada (July 27, 2023, 6:59 AM EDT) -- Motion for judgment by the plaintiff (BMO) following the service upon and noting in default of the respondent. BMO further sought a declaration that the debts incurred arose by way of fraudulent misrepresentations and under false pretenses and as such survived bankruptcy. The defendant applied for credit with BMO and received both credit card and personal line of credit. Both of those credits had gone by default. BMO sought judgment in amount of $10,227, inclusive of interest, on a credit card debt plus $40,847, inclusive of interest in a personal line of credit. The only evidence in support of the motion was the affidavit of BMO’s manager who offered as fact her personal opinion that the defendant misrepresented his employment and income. She had relied on notations made on BMO’s “proprietary software” on which the information was recorded....