PRACTICE |
Judgments and Orders |
Default Judgment |
Chase Manhattan Corp. v. 3133559
T-1754-96
2001 FCT 895, Hugessen J.
15/8/01
3 pp.
Motion for default judgment pursuant to Federal Court Rules, 1998, r. 210--Allegations not admitted deemed denied: r. 184--Thus allegations of statement of claim, if not admitted, remain merely allegations--No evidence of truth or correctness of allegations absent filing of affidavit--Where no statement of defence, judgment cannot be obtained simply "on the pleadings"--That is why r. 210 refers to allowing evidence to be made by affidavit--Normally, evidence on final judgment by viva voce evidence, but exception where default judgment sought as Rules allow Court to receive evidence by affidavit--Two questions on motion for default judgment: (1) is defendant in default?; (2) is there evidence to support plaintiff's claim?--In present case, Prothonotary's order striking out statement of defence, counterclaim final-- But no evidence in record, and affidavit filed in support of motion for default judgment going to merits of case--Motion adjourned sine die with leave to plaintiff to file further affidavit evidence and to bring matter on again on request-- Federal Court Rules, 1998, SOR/98-106, rr. 184, 210.