Noting in Default

Court Orders Defendants to be Noted in Default on November 13

October 5, 2020. The Court has ordered and directed the Registrar of the Superior Court of Justice to note the defendants in default on or after November 13, 2020 if they do not deliver a defence or notice of intent to defend by that date. This is a major step forward for the proposed class-action lawsuit John Doe v Islamic Republic of Iran et al. 

Once the defendants are noted in default, they may not participate in, or receive notice of, any further steps in this case unless they move to set aside the noting in default. The lawyers attended before the court 5 times from May to October 2020, and finally received the requested order today.

During the past eight months lawyers repeatedly asked the Government of Canada, who was statutorily required to serve the defendants with this claim, for updates. The Government of Canada provided no updates until September 1, 2020 when they delivered the certificate indicating they had transmitted the claim to the defendants. Lawyers in this claim will seek costs against the Government of Canada for acting in an opaque manner by providing no updates for eight months, and for forcing the lawyers to bring a motion to validate service of the claim. The lawyers will file written submissions for costs by the middle of October. 

For further information family members of Flight PS752 may contact Jonah Arnold at (416) 640-0508 jonah@healthlawfirm.ca or Mark Arnold at (416) 363-2614 mark.arnold@gmalaw.ca

Media Contact:

Jonah Arnold
Weinman, Arnold LLP
416-640-0508
jonah@healthlawfirm.ca