MARITIME LAW |
Practice |
249387 B.C. Ltd. v. Edith Cavell (The)
T-839-02
2002 FCT 798, Hargrave P.
17/7/02
3 pp.
Application for in rem judgment in default of defence against ship Edith Cavell--Application allowed; balance of motion, to set amount of judgment, costs, adjourned--Formerly, where statement of claim clearly set out amount sought, defendant having ample opportunity to challenge statement of claim, default judgment would be granted on that basis--More recently, in Chase Manhattan Corp. v. 3133559 Canada Inc., 2001 FCT 895; [2001] F.C.J. No. 1626 (T.D.) (QL), error in this approach pointed out--Hugessen J. pointed out therein that allegation not admitted deemed to be denied--Thus, allegations set out in statement of claim remain allegations, without evidence of their truth or correctness, absent filing of affidavit--Judgment cannot, therefore, be obtained simply on basis of statement of claim--Hugessen J. observed that on motion for default, two questions before Court: whether defendant in default; whether evidence to support claim for plaintiff--In Chase Manhattan Corporation, Hugessen J. adjourned motion, advising he was prepared to accept one or more affidavits setting forth whatever evidence plaintiff wished to urge in support of its claim--Therefore, herein, judgment in rem in default of defence granted, but adjourning determination of amount, pending filing of affidavit evidence, with copies of affidavits to be mailed, as courtesy, to in personam defendant.