Initial Phase of proceedings – preparing documents
Next steps – defended matters
Next steps – non-defended matters
The Plaintiff may request that a Defendant be noted in default after the time period for serving and filing the Defence has elapsed. Once noted in default, the Defendant cannot file their Defence with the Court and cannot participate in further Court proceedings on this matter. A Defendant can however bring a Motion to set aside the default to ask the Court to grant them “their day in Court”. The Court will decide whether or not to grant that Motion
If the Claim is for damages that all parties have agreed to liability and an amount, the Plaintiff can obtain Default Judgment signed by a court clerk. Examples of these cases are: loan/promissory note/IOU; unpaid invoice for services rendered under contract; bounced cheque. If this is your type of matter, click here.
If however, the Claim is for damages for which the parties may not have previously agreed to liability and an amount, then those damages must be proven before a Deputy Judge in an Assessment Hearing. Examples of cases requiring a Hearing are: defamation; non-disclosed property damage found only after purchasing the property; personal injury; etc. If this is your type of matter, click here.
All in-Court proceedings
After Judgment is awarded
TO REQUEST A CONSULTATION ON YOUR MATTER, contact Nancy via phone or email.