Can a plaintiff proceed on the basis that the allegations set out in the notice of civil claim are true?
British Columbia, Canada
The following excerpt is from Severs v Hyp3R Inc., 2021 BCSC 2261 (CanLII):
Given that these are default proceedings, the plaintiff is entitled to proceed on the basis that the allegations set out in the notice of civil claim are true. While not an absolute rule, a defendant who does not defend a claim is generally deemed to have admitted the allegations of fact contained in the notice of civil claim: McIsaac v. Healthy Body Services Inc., 2009 BCSC 1716 at paras. 34-44. In this case, the plaintiff filed affidavits confirming many of the admitted facts from the notice of civil claim.
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