Default Judgment Eligibility Checker — Canada

Default judgment is a judgment entered in your favour when the defendant fails to file a defence within the time allowed after being served. You ask the court to note the defendant in default, and then obtain judgment either from the clerk (for a fixed debt) or after an assessment hearing (for unliquidated damages).

It varies by province. Ontario and most provinces give the defendant 20 days after service to file a defence in Small Claims Court. British Columbia's Provincial Court gives 14 days to file a reply. If the deadline passes with no defence, you can move for default.

A liquidated claim is for a fixed, ascertainable sum — such as an unpaid invoice or loan. It can often be signed by the clerk without a hearing. An unliquidated claim (damages that must be assessed, like property damage) requires an assessment hearing where you prove the amount before judgment is entered.

Yes. A defendant can ask the court to set aside a default judgment, usually by showing a reasonable explanation for missing the deadline, that they moved promptly, and that they have an arguable defence. Courts have discretion and often set aside default judgments to allow a case to be heard on the merits.