What is the effect of default judgment on a notice of civil claim?
British Columbia, Canada
The following excerpt is from C.M.A. v Blais, 2022 BCSC 214 (CanLII):
Where a default judgment is obtained, the defendant is deemed to have admitted the allegations of fact contained in the notice of civil claim; however, the plaintiff still bears the burden of proving on a balance of probabilities that the damages suffered were the result of the assault: Wearne v. Rosbergen, 2019 BCSC 1783 at paras. 6–7.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What are the pleadings in a notice of civil claim? (British Columbia, Canada)
What is the test for a strike in a notice of civil claim? (British Columbia, Canada)
Can a plaintiff proceed on the basis that the allegations set out in the notice of civil claim are true? (British Columbia, Canada)
What is the test for assuming and speculation in a notice of civil claim? (British Columbia, Canada)
What is the test for assuming that material facts in a notice of civil claim must be assumed to be true? (British Columbia, Canada)
In a notice of civil claim action, does a defendant have to disclose customer data in order to be successful? (British Columbia, Canada)
What is the test for striking a notice of civil claim? (British Columbia, Canada)
In what circumstances will Mainstream bring its amended notice of civil claim against the GAAIA? (British Columbia, Canada)
What is the test for a notice of civil claim? (British Columbia, Canada)
