Can summary judgment be granted in an action where there is no defence?
New Brunswick, Canada
The following excerpt is from Citifinancial Mortgage v. Cheney, 2007 NBQB 378 (CanLII):
Under Rule 22.01(1)(a), summary judgment must be granted when there is no defence to the action. Pursuant to that Rule, the respondent has the onus of establishing that there is real merit to his defence. See: Cannon v. Lange, supra.
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