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Court Procedures Rules
1124Default judgment—recovery of possession of land
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1124 Default judgment—recovery of possession of land
default is for the recovery of possession of land only.
generally), the court may enter judgment for the plaintiff for—
(a) recovery of possession of the land as against the defendant; and
(b) the following costs:
(i) costs for issuing the originating claim or counterclaim;
(ii) costs for obtaining judgment;
(iii) any other fees and payments, to the extent they have been
reasonably incurred and paid.
(3) If, before judgment is entered, a person files an application under
division 2.4.2 (Including and substituting parties) for the person to be
included as a defendant, the court must not enter judgment under this
rule until it disposes of the application.
(4) The affidavit in support mentioned in rule 1119 (Default judgment—
relevant affidavits) must—
(a) identify anyone (other than the parties to the proceeding) who is
in possession of the land or any part of it—
(i) at the time the originating claim was filed; or
Rule 1124
(ii) if the claim for possession arises from an amendment to the
originating claim—at the time the amendment was made;
and
Note This division applies to a counterclaim against a person not a party to the
(b) for each person mentioned in paragraph (a), state—
(i) that the person’s possession of the land is not to be
disturbed; or
(ii) that the person no longer possesses any part of the land; or
(iii) that the person has been served with the originating claim
and that the person—
(A) has not applied for leave to file a notice of intention
to respond or defence under rule 151 (Proceeding for
possession of land—leave to file defence etc); or
(B) has been given leave to file a notice of intention to
respond or defence but has not filed the notice or
defence in accordance with rule 152 (Proceeding for
possession of land—filing defence etc); and
(c) if the claim for possession of the land arises from a failure to pay
the amount—give particulars of the failure; and
(d) state the costs claimed.
Rule 1125