The defendant submitted that before the court grants judgment for damages, it must be satisfied that the plaintiff has proved a legitimate claim based on credible evidence. In Judge v. Smith, [1961] B.C.J. No. 163 (S.C.), Collins J. at para. 3, stated that the court retains a discretion not to enter final judgment if he or she considers it improper to do so. Collins J. said: In my view, while the liability of the defendant may be said to have been technically established by the entry of interlocutory judgment, nevertheless the Judge before whom the assessment of damages takes place could decline to order entry of the final judgment if the evidence received on the assessment hearing disclosed that the plaintiff in fact did not have a good cause of action, or that some condition had still to be performed before the plaintiff would be entitled to enter a final judgment.
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