Motion: Default Judgment (ON)

Summary

This practice note explores default proceedings, which are governed by r. 19 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules"), and are most often in play when a defendant has failed to deliver a statement of defence within the time prescribed by the Rules (or such longer time as the plaintiff has permitted). This practice note will review the procedure to note a defendant in default, the effect of noting a defendant in default, the procedure to obtain default judgment, the circumstances in which a party may set aside a noting in default or a default judgment, and related motion practice.