What is the test for a motion for judgment in default of defence?
Saskatchewan, Canada
The following excerpt is from Regina Brokerage and Inv. Co. v. Waddell, 1916 CanLII 137 (SK CA):
In Cooper v. Morgan [1909] 1 Ch. 261, 78 L.J. Ch. 195, it was held that: Where a motion for judgment in default of defence is made in a vendor’s action for specific performance of an agreement for the sale of real estate, the title to which has been accepted by the purchaser, the minutes should provide for the delivery of a conveyance of the property to the purchaser on payment by him of the purchase money, interest, costs and damages (if any).
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