106Defendant may submit to judgment by notice of intention

106 Defendant may submit to judgment by notice of intention to respond (1) This rule applies if a defendant in a proceeding intends to— (a) submit to the orders of the court; but (b) take no active part in the proceeding. (2) The defendant must— (a) file a notice of intention to respond; and (b) include in the notice a statement to the effect that the defendant submits to all orders sought and to judgment in relation to all claims made. (3) However, the defendant may add to the statement words to the effect that the defendant does not submit in relation to costs. Example of addition except as to costs Rule 106 (4) Except with the court’s leave, a defendant who has filed a notice of intention to respond that includes the statement mentioned in subrule (2) (b) may not file a defence or affidavit or take any other step in the proceeding. (5) The court may order that a plaintiff pay a defendant’s costs as a submitting party if the defendant— (a) files a notice of intention to respond that includes the statement mentioned in subrule (2) (b); and (b) takes no active part in the proceeding. (6) If— (a) a defendant files a notice of intention to respond; and (b) the defendant is entitled to include in the notice the statement mentioned in subrule (2) (b), but does not include the statement; and (c) the defendant takes no active part in the proceeding; the court may order that a plaintiff pay the defendant’s costs, but, unless it otherwise orders, the amount awarded for the costs must not be more than the amount that could have been awarded if the statement had been included in the notice. (7) The court may make an order under subrule (5) or (6) on application by the defendant or on its own initiative. under r (5) or r (6). (8) If a plaintiff has been ordered to pay costs under subrule (5) or (6), the costs must be included in any costs payable to the plaintiff by any other defendant or opponent of the plaintiff in the proceeding. Rule 107