What is default judgment?
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).
How long does the defendant have to respond in Canada?
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.
What is the difference between a liquidated and unliquidated claim?
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.
Can a default judgment be set aside?
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.