What is the test for damages in a personal injury action brought by a defendant who failed to appear in court?
Saskatchewan, Canada
The following excerpt is from Alexander v. Gesman, 1910 CanLII 113 (SK QB):
The defendant, although duly served with the writ, did not appear to the action. The plaintiff I find entitled to damages after the principle laid down in Bay v. Singleton (1899), 2 Ch. 320, 68 L.J. Ch. 593; 81 L.T. 306, for the purpose of ascertaining which there will be a reference to the local registrar at Saskatoon.
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