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ARTICLE · 18 JULY 2018

Letting Sleeping Dogs Lie: A Risky Strategy

Miller Thomson
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In Nolin v. Résidence Sainte-Claire inc.[1], Ms. Nolin ("Plaintiff") filed an action in the amount of $100,000.00 as against Residence Sainte-Claire ("Residence") ...

CanadaLitigation, Mediation & Arbitration
Stephanie Massé
Stephanie Massé
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Background

In Nolin v. Résidence Sainte-Claire inc.1, Ms. Nolin ("Plaintiff") filed an action in the amount of $100,000.00 as against Residence Sainte-Claire ("Residence") which arose out of a slip and fall, on its premises. A default judgment was rendered against Residence following its failure to respond to the summons to appear in Court within the fifteen days set out in the Quebec Code of Civil Procedure.

Shortly thereafter, Residence brought a Motion seeking to set aside the default judgment.

Residence argued that the Plaintiff's attorney had lacked professional courtesy by not having warned the claims adjuster retained by Residence's insurer that the Plaintiff was seeking to obtain a default judgment against it.

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