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SUPERIOR COURT OF THE STATE OF RIDGEWAY
CITATION: MatthewSandringham v. LuanSirano,
2022 RSC 742
DATE OF JUDGEMENT:
November 22, 2022
BETWEEN:
MatthewSandringham
Plaintiff
and
LuanSirano
Defendant
REASONS FOR DEFAULT ORDER
OF THE
HONOURABLE JUDGE KOALAMEDVEDEVA
I. Chronology
[1] The chronology of this matter is as follows:
• November 10, 2022: Complaint is filed.
• November 12, 2022: Summons is served upon the defendant by
Clerk/Sheriff. 5 days allocated for an answer to the Complaint.
• November 22, 2022: Defendant fails to file an answer to the Complaint
before the deadline. Plaintiff applies for a default order under Rule 37.
II. Default Order
[2] Rule 37(a) of the Ridgeway Rules of Civil Procedure provides:
“When a party against whom a judgement for affirmative relief is sought has
failed to plead or otherwise defend as provided by these rules and that fact is
made to appear by affidavit or otherwise, the clerk shall enter his default.”
[3] Defendant did appear but have not plead within or beyond the 5 days allotted
to them for that purpose.
[4] Given these circumstances, I am satisfied that plaintiff is entitled to a default
order under Rule 37 and will enter the defendant’s default on both causes of action and,
for the purposes of these proceedings, assume all allegations in the Complaint as true
and that defendant is liable and concede the allegations as true.
[5] Defendant is therefore found to be liable of battery and wrongful death.
III. Relief
[6] Rule 36(c) of the Ridgeway Rules of Civil Procedure provides:
“A judgment by default shall not be different in kind from that prayed for in the
demand for judgment.”
[7] Consistent with the rules and the computation of damages offered by the
plaintiff, I will award MatthewSandringham:
• $2500 in punitive damages with respect to the first cause of action,
battery.
• $2500 in punitive damages with respect to the second cause of action,
wrongful death.
[8] LuanSirano is directed to pay MatthewSandringham $5000 as a result of his
default in this action on or before November 29, 2022.
IV. Setting Aside Default
[9] Notwithstanding any stipulations in this part, all judgements and orders
contained within this ruling are effective immediately unless otherwise provided.
[10] Defendant may not apply to set aside this default order.
Dated at the City of Palmer, in the State of Ridgeway this 22nd day of November, 2022.
“koalaMedvedeva”
Judge koalaMedvedeva
Document record
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Nov 9, 2022 12:00 PM
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Nov 9, 2022 12:00 PM
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COMPLAINT
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MatthewSandringham
Notes
MotionRuling_RSC-CV-742_2329-112222.pdf — archived from the Trello docket (https://trello.com/c/sgpqg0Zc)
