Précis: The Federal Court awarded default judgment for damages caused by a negligently designed and constructed marine engine when the defendant did not file and serve a statement of defence.
Facts: In this simplified action, the plaintiff sought default judgment and claimed for the cost to replace the motor in its vessel the “Tommy Francois”. Due to the alleged negligent design and construction of the engine’s muffler, the plaintiff alleged rain water entered and subsequently damaged the motor. Expert evidence was tendered that supported that allegation, specifically that the angle of the muffler was set at an incorrect angle leading to an ingress of rain water.
Decision: Judgment for the plaintiff.
Held: the judge found that the defendant was properly served and did not file a response within 30 days of being served. In default, the defendant was liable for the amount claimed. Interest was awarded at 5%, citing the decisions of the Federal Court in Adventurer Owner Ltd. and the Federal Court of Appeal in Platypus Marine Inc. v. Tatu (Ship).