Acts and Regulations

2012-103 - General

Section 21
Disposition versions

Full text
When request for judgment involves damages
21(1)If a request for judgment is filed in accordance with subsection 19(1) and the claimants’s claim is for damages only or is in part for damages, the clerk shall enter interim judgment by noting the interim judgment on the claim.
21(2)An interim judgment shall not be entered against a party under a disability without an order of the court.
21(3)If a clerk has entered interim judgment, the clerk shall set a time and place for a hearing by an adjudicator in respect of the amount of the damages and, subject to subsection (4), notify the parties of the time and place by any means that provides proof of receipt of the notice.
21(4)A defendant who has not filed a response is not entitled to notice of the hearing.
21(5)An interim judgment shall not be filed with the Court of King’s Bench.
21(6)At the hearing, a claimant shall not be required to prove liability against the defendant against whom an interim judgment has been entered, but shall prove the amount of damages suffered.
21(7)On receiving the decision of the adjudicator as to the amount of the damages, the clerk shall enter default judgment (Form 7) in respect of the claim.
21(8)Despite subsection (6), an adjudicator may set aside an interim judgment, subject to any terms and conditions he or she considers just, and hold a hearing on the merits of a claim if the adjudicator is satisfied that
(a) the defendant did not defend the action because he or she did not receive a copy of the claim or the defendant was unable to defend for good reason, and
(b) the defendant may have a valid defence to the claim.
21(9)A hearing on the merits of a claim referred to in subsection (8) may be held
(a) at the time and place scheduled for the hearing in respect to the amount of the damages, if the claimant is prepared to proceed on the question of liability at that time, or
(b) at a later time.
21(10)If a hearing on the merits of a claim is to be held at a later time, the clerk shall set a time and place for the hearing and notify the parties of the time and place by any means that provides proof of receipt of the notice.
2023, c.17, s.257
When request for judgment involves damages
21(1)If a request for judgment is filed in accordance with subsection 19(1) and the claimants’s claim is for damages only or is in part for damages, the clerk shall enter interim judgment by noting the interim judgment on the claim.
21(2)An interim judgment shall not be entered against a party under a disability without an order of the court.
21(3)If a clerk has entered interim judgment, the clerk shall set a time and place for a hearing by an adjudicator in respect of the amount of the damages and, subject to subsection (4), notify the parties of the time and place by any means that provides proof of receipt of the notice.
21(4)A defendant who has not filed a response is not entitled to notice of the hearing.
21(5)An interim judgment shall not be filed with the Court of Queen’s Bench.
21(6)At the hearing, a claimant shall not be required to prove liability against the defendant against whom an interim judgment has been entered, but shall prove the amount of damages suffered.
21(7)On receiving the decision of the adjudicator as to the amount of the damages, the clerk shall enter default judgment (Form 7) in respect of the claim.
21(8)Despite subsection (6), an adjudicator may set aside an interim judgment, subject to any terms and conditions he or she considers just, and hold a hearing on the merits of a claim if the adjudicator is satisfied that
(a) the defendant did not defend the action because he or she did not receive a copy of the claim or the defendant was unable to defend for good reason, and
(b) the defendant may have a valid defence to the claim.
21(9)A hearing on the merits of a claim referred to in subsection (8) may be held
(a) at the time and place scheduled for the hearing in respect to the amount of the damages, if the claimant is prepared to proceed on the question of liability at that time, or
(b) at a later time.
21(10)If a hearing on the merits of a claim is to be held at a later time, the clerk shall set a time and place for the hearing and notify the parties of the time and place by any means that provides proof of receipt of the notice.
When request for judgment involves damages
21(1)If a request for judgment is filed in accordance with subsection 19(1) and the claimants’s claim is for damages only or is in part for damages, the clerk shall enter interim judgment by noting the interim judgment on the claim.
21(2)An interim judgment shall not be entered against a party under a disability without an order of the court.
21(3)If a clerk has entered interim judgment, the clerk shall set a time and place for a hearing by an adjudicator in respect of the amount of the damages and, subject to subsection (4), notify the parties of the time and place by any means that provides proof of receipt of the notice.
21(4)A defendant who has not filed a response is not entitled to notice of the hearing.
21(5)An interim judgment shall not be filed with the Court of Queen’s Bench.
21(6)At the hearing, a claimant shall not be required to prove liability against the defendant against whom an interim judgment has been entered, but shall prove the amount of damages suffered.
21(7)On receiving the decision of the adjudicator as to the amount of the damages, the clerk shall enter default judgment (Form 7) in respect of the claim.
21(8)Despite subsection (6), an adjudicator may set aside an interim judgment, subject to any terms and conditions he or she considers just, and hold a hearing on the merits of a claim if the adjudicator is satisfied that
(a) the defendant did not defend the action because he or she did not receive a copy of the claim or the defendant was unable to defend for good reason, and
(b) the defendant may have a valid defence to the claim.
21(9)A hearing on the merits of a claim referred to in subsection (8) may be held
(a) at the time and place scheduled for the hearing in respect to the amount of the damages, if the claimant is prepared to proceed on the question of liability at that time, or
(b) at a later time.
21(10)If a hearing on the merits of a claim is to be held at a later time, the clerk shall set a time and place for the hearing and notify the parties of the time and place by any means that provides proof of receipt of the notice.