Federal Courts Rules (SOR/98-106)

Marginal note:Motion for default judgment

• 210 (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.