Monsanto Canada Inc. v. Verdegem, 2013 FC 50

Monsanto commenced an action for infringement
of its patent covering genetic material found in plant seeds. Verdegem was
properly served, but failed to file a defence. Monsanto then served a Request
to Admit, but Verdegem did not respond. Subsequently, Monsanto brought a motion
for default judgment under Rule 210.

Motion dismissed.

The Request to Admit process is useful in
eliminating the need to prove certain facts; however, such a Request cannot be
a substitute for affidavit evidence required on a motion for default judgment.
A motion for default judgment must be supported by affidavit evidence which
should be directed to the substance of the claim and not just an affidavit of
service.