LEGL-160 Lecture Notes - Lecture 6: Alternative Dispute Resolution, Summary Judgment, Traffic Collision
22 Feb 2017
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After defendant is served with statement of claim: Ex juris: time stipulated in the order (r: 3. 31) Defendant"s options: do nothing (no defence, no money, judgment proof) Not entitled to any further notice of proceedings. Guilty and doesn"t want to fight it: contact plaintiff"s solicitor and ask for more time. Won"t note in default until extended time is breached. We will say yes - good karma. It is critical any extension be confirmed in writing immediately. Improperly served ex juris: apply to set aside service of the statement of claim. Where the court is satisfied the defendant did not receive the document. Failure was not attributable to his own failure, and there would be prejudice to the defendant (r. 11. 31: request more particulars (r. 3. 61) form: request for particulars. Plaintiff provides more particulars from their claim to the defendant to prepare for statement of.
