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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2026-09-21 and last amended on 2025-12-21. Previous Versions

Marginal note:Motion for default judgment

  •  (1) Where a defendant fails to serve and file a statement of defence within the time set out in rule 204 or any other time fixed by an order of the Court, the plaintiff may bring a motion for judgment against the defendant on the statement of claim.

  • Marginal note:Motion in writing

    (2) Subject to section 25 of the Crown Liability and Proceedings Act, a motion under subsection (1) may be brought ex parte and in accordance with rule 369.

  • Marginal note:Affidavit evidence

    (3) A motion under subsection (1) shall be supported by affidavit evidence.

  • Marginal note:Disposition of motion

    (4) On a motion under subsection (1), the Court may

    • (a) grant judgment;

    • (b) dismiss the action; or

    • (c) order that the action proceed to trial and that the plaintiff prove its case in such a manner as the Court may direct.

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