sec.262Part 2 order without trial

### sec.262 Part 2 order without trial A plaintiff claiming relief by way of a part 2 order, with or without a declaration or other relief, may apply to the court for a judgment. The plaintiff may make the application at any time after— the plaintiff is served with a notice of intention to defend; or the end of the time set by rule 137 for filing a notice of intention to defend. On the hearing of an application under subrule (1) the court may do one or more of the following— give judgment in relation to the part 2 order and declaration and, if other relief is claimed, give the directions it considers appropriate about how to dispose of the rest of the proceeding; grant a part 2 order until the trial or hearing or until a stated day; order the parties to file and serve pleadings; direct a trial of the proceeding. (sec.262-ssec.1) A plaintiff claiming relief by way of a part 2 order, with or without a declaration or other relief, may apply to the court for a judgment. (sec.262-ssec.2) The plaintiff may make the application at any time after— the plaintiff is served with a notice of intention to defend; or the end of the time set by rule 137 for filing a notice of intention to defend. (sec.262-ssec.3) On the hearing of an application under subrule (1) the court may do one or more of the following— give judgment in relation to the part 2 order and declaration and, if other relief is claimed, give the directions it considers appropriate about how to dispose of the rest of the proceeding; grant a part 2 order until the trial or hearing or until a stated day; order the parties to file and serve pleadings; direct a trial of the proceeding. - (a) the plaintiff is served with a notice of intention to defend; or - (b) the end of the time set by rule 137 for filing a notice of intention to defend. - (a) give judgment in relation to the part 2 order and declaration and, if other relief is claimed, give the directions it considers appropriate about how to dispose of the rest of the proceeding; - (b) grant a part 2 order until the trial or hearing or until a stated day; - (c) order the parties to file and serve pleadings; - (d) direct a trial of the proceeding.