Pleading Is Not Proving: Federal Court Cautions That Default Judgment Is Not Automatic

The Federal Court of Canada's recent decision in McDowell v. A Drip of Honey, 2024 FC 453, per Justice Zinn, serves as a cautionary tale that while motions for default judgment may go unopposed, they will not be granted automatically. Plaintiffs seeking remedies from the Federal Court must follow the Federal Courts Rules, prove their case, and ensure that they have filed sufficient evidence to establish their claims for relief on a balance of probabilities. Even on unopposed motions, the Court will not assume that the Plaintiff is entitled to judgment and any remedies sought.

Background

This decision involved an ex parte motion for default judgment brought by the Plaintiff, who owns a Toronto-based women's fashion boutique called HONEY. The Plaintiff owns multiple trademark registrations in Canada, including for the word HONEY in connection with a wide range of apparel. The Defendant, another such boutique operating under the name A DRIP OF HONEY, owned no