Assessment of Damages after Default Judgment: What’s the Burden of Proof?
Reasons for judgment were issued recently in an interesting case: MacKean v. Royal & Sun Alliance Insurance Company of Canada
The plaintiffs were injured in a car accident with an uninsured driver. The plaintiffs settled their claim against their own insurer under the uninsured driver provisions of their own automobile policy. When the claim was settled, the plaintiffs assigned their claim to their insurer RSA.
The uninsured driver was sued but failed to file a defence and had a default judgment entered against him.