Can judgment in default of defence be granted?
Canada (Federal), Canada
The following excerpt is from Island Tug And Barge Ltd. v. 99 Haedong Star (The), 2002 FCT 250 (CanLII):
Default judgment is discretionary: see for example Muller v. Canada [1989] 2 F.C. 303 at 308, a decision of Mr. Justice Strayer, as he then was. Here I can discern no reason why judgment in default of defence ought not to be granted, subject to part of the default proceeding being in rem.
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