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CF Boatworks Inc. v. James, 2011 FC 1101

In Admiralty Practice on (Updated )

In this matter the defendant’s statement of defence had been struck for failure to provide a list of documents or written answers to interrogatories. The plaintiff now brought this motion for default judgment. The Prothonotary noted that on a motion for default judgement there are two questions: is the defendant in default and is there evidence to support the plaintiff’s …

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249387 BC Ltd. v. The "Edith Cavell", 2002 FCT 798

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 …

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Coath v. The "Bruno Gerussi", 2002 FCT 385

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an application for default judgment in personam and in rem. The Prothonotary granted the judgment in personam but refused the judgement in rem as the Statement of Claim had not been served on the vessel but instead had merely been given to the person in charge of the vessel. The Prothonotary noted that such service would only be …

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Island Tug & Barge Ltd. v. Haedon Co. Ltd. et al, 2002 FCT 250

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

This was an application by the Plaintiff for judgment in default of defence. Although the motion was not opposed, the court considered whether a reference to determine damages was necessary given that the action was in rem. The Prothonotary held that he had the discretion to give default judgment without a reference provided the claim was well founded, which he …

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