SUPERIOR COURT OF THE STATE OF RIDGEWAY
CITATION: vincefant v. AegisChemistry,
RSC-CV-956
DATE OF JUDGEMENT:
March 4, 2023
BETWEEN:
vincefant
Plaintiff
and
AegisChemistry
Defendant
REASONS FOR DEFAULT ORDER,
WRIT OF SEIZURE AND SALE, AND
JUDGEMENT OF CRIMINAL CONTEMPT
OF THE
HONOURABLE JUDGE KOALA4IIFE
I. Chronology
[1] The chronology of this matter is as follows:
• February 23, 2023: Complaint is filed. Summons is served upon the
defendant; 5 days allotted to answer. Defendant appears.
• March 3, 2023: Defendant fails to make answer. Default order is entered
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 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 reinstate the defendant’s default on all 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 6 causes of 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, the amount agreed upon, and the computation of
damages offered by the plaintiff, I will award vincefant:
• $15000.00 in punitive damages
[8] AegisChemistry is directed to pay vincefant $15000.00 as a result of his default
in this action pursuant to the following payment plan:
• The first $5000.00 to be paid by March 10, 2023;
• Another $5000.00, in addition to any outstanding amount, for a total of
up to $10000.00, to be paid by March 17, 2023;
• Another $5000.00, in addition to any outstanding amount, for a total of
up to $15000.00, to be paid by March 24, 2023.
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.
V. Writ of Seizure and Sale
[11] The Sheriff, or any other authorized law enforcement officer, is commanded
promptly to seize and sell at public auction or by tender for the best available price
sufficient of the goods and chattels of AegisChemistry to realize the sum of $15000.00.
[12] After carrying out the above instructions, the Sheriff must pay vincefant
$15000.00 or the amount realized through the seizure and sale of the goods and chattels
of AegisChemistry, whichever amount shall be lesser, from amount realized through
the seizure and sale of the goods and chattels of AegisChemistry. If after paying the
sum payable to vincefant, there is a positive balance, the Sheriff shall return and make
payable that sum to AegisChemistry.
[13] This writ of execution is valid until June 4th, 2023 inclusive.
VI. Judgement of Criminal Contempt
[14] I find that the conduct of defendant AegisChemistry constitutes contempt of
court. I sentence AegisChemistry to a term of imprisonment of 15 minutes.
Dated at the City of Palmer, in the State of Ridgeway this 4th day of March, 2023.
“koala4Iife”
Judge koala4Iife
