1988 Ed.]

The Rules of the Supreme Court

[CAP. 4

A 421

[Subsidiary]

No. 40

Default judgment in action for unliquidated damages

(O. 13 r. 2; O. 19 r. 3; O. 42 r. 1)

(Heading as in action)

The ... day of ... 19........

我...

No notice of intention to defend having been given (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do pay the plaintiff damages to be assessed.

at $...

The amount found due to the plaintiff under this judgment having been certified as appears by the (Judge's or Registrar's certificate or as may be) filed the ... day of ... 19........

It is adjudged that the defendant do pay the plaintiff $................ and costs to be taxed.

The above costs, etc. (as in No. 39).

(Note: This form is a combined form of interlocutory and final judgment. The plaintiff may at his option enter interlocutory judgment by omitting the words below the line in the form and enter a separate final judgment in Form No. 43.)

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