State Immunity Act

Marginal note:Default judgment

• 10 (1) Where, in any proceedings in a court, service of an originating document has been made on a foreign state in accordance with subsection 9(1), (3) or (4) and the state has failed to take, within the time limited therefor by the rules of the court or otherwise by law, the initial step required of a defendant or respondent in those proceedings in that court, no further step toward judgment may be taken in the proceedings except after the expiration of at least sixty days following the date of service of the originating document.

• Marginal note:Idem

  (2) Where judgment is signed against a foreign state in any proceedings in which the state has failed to take the initial step referred to in subsection (1), a certified copy of the judgment shall be served on the foreign state

  • (a) where service of the document that originated the proceedings was made on an agency of the foreign state, in such manner as is ordered by the court; or

  • (b) in any other case, in the manner specified in paragraph 9(1)(c) as though the judgment were an originating document.

• Marginal note:Idem

  (3) Where, by reason of subsection (2), a certified copy of a judgment is required to be served in the manner specified in paragraph 9(1)(c), subsections 9(2) and (5) apply with such modifications as the circumstances require.

• Marginal note:Application to set aside default judgment

  (4) A foreign state may, within sixty days after service on it of a certified copy of a judgment pursuant to subsection (2), apply to have the judgment set aside.