The defendant was served with the plaintiff’s claim and noted for default. By failing to defend the claim he has in effect conceded his liability. The plaintiff is therefore entitled to enter default judgment and proceed to an assessment of damages. (See: Rules 3-21, 3-23 and 3-26 of The Queen’s Bench Rules and Hill v. Stephen Motor & Aero Co., Ltd., 1929 CanLII 128 (SK CA), [1929] 3 D.L.R. 676, [1929] 2 W.W.R. 97.
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