249387 BC Ltd. v. The “Edith Cavell”

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This was an application for in rem judgment in default of a defence. The Prothonotary granted the judgment but adjourned the balance of the motion to set the amount of the judgment pending the filing of proper affidavit evidence. The Prothonotary reviewed the authorities and held that the amount of the default judgment could not be based simply on allegations in the Statement of Claim but needed to be proved by proper affidavit evidence.