207Default by third party before trial

207 Default by third party before trial

(1)  A defendant is entitled to enter judgment against a third party to the extent of any contribution or indemnity claimed in the third party notice or, by leave of the Court or a judge, to enter any judgment in respect of any other relief or remedy claimed as the Court or judge directs if –

(a) the third party fails to file a notice of appearance or to file and deliver any pleading that he or she has been ordered to file and deliver; and

(b) judgment by default is entered against the defendant giving the notice; and

(c) the defendant has satisfied that judgment or obtains the leave of the Court or a judge to proceed under this subrule without having satisfied that judgment.

(2)  The Court or a judge may set aside or vary a judgment obtained under subrule (1) on any terms as are just.