Caron v. Canada
T-1484-94
Muldoon J.
3/3/95
6 pp.
Motion for leave to enter default judgment against Crown -- Applicant, convicted criminal, filing statement of claim alleging unlawful imprisonment for 78 days in segregation unit of institution in spite of fact grievance, initiated by him upon lock-up, upheld-Applicant filing motion for default judgment after thirty-day period provided for by R. 402(a)(i) -- Crown invoking special privilege pursuant to Crown Liability and Proceedings Act, s. 25 providing default judgment may not be entered against Crown without: (1) leave of Court; and (2) fourteen-day notice given to Deputy Attorney General -- Service of motion for default judgment counting towards fourteen-day notice -- R. 402(2)(b)(i) stipulating that after thirty-day period, defence may only be filed before application for default judgment made -- As Crown defence filed after application made, defence will be withdrawn or struck without prejudice to right to respond to application for default judgment -- Federal Court Rules, C.R.C., c. 663, R. 402(a)(i), (b)(i) -- Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 25 (as am. by S.C. 1990, c. 8, s. 31).