Module 5

Question 1

What are the two ways a Statement of Claim is served?

Answer 1

-registered mail
-in person by a process server

Question 2

What are the defendants options upon being served a Statement of Claim?

Answer 2

-apply to court to have service set aside
-apply to court for an Order to have Statement of Claim struck from the court record
-file and serve a Statement of Defence
-file a claim against a co-defendant
-file a third party claim
-file a counterclaim
-do nothing

Question 3

When is an Affidavit of Default used?

Answer 3

when the defendant filed, but didn’t serve either a Statement of Defence or a Demand for Notice; sometimes even if the defendant simply did nothing

Question 4

What is a Default Judgment?

Answer 4

when there is no dispute over the claim, and the court rules that the Defendant owes the Plaintiff the money claimed

Question 5

What is a Bill of Costs?

Answer 5

a summary of the allowable cost the Plaintiff is able to recover from the Defendant

Question 6

Where are the costs on a Bill of Costs set out?

Answer 6

Schedule C of the AB Rules of Court

Question 7

Who is the Default Judgment and Bill of Costs signed by?

Answer 7

-Clerk of the Court
-Lawyer
-Assessment Officer

Question 8

What information is needed to prepare a Default Judgment and Bill of Costs?

Answer 8

-date the Affidavit of Service was sworn
-date Statement of Claim was served
-names of the Plaintiffs and Defendants
-principal amount of loan
-interest on principal amount of loan
-schedule C of AB Rules of Court
-knowledge of the steps taken that can be claimed for in the Bill of Costs
-knowledge of the disbursements incurred on the file relating to the steps claimed in the Bill of Costs

Question 9

What docs are needed for filing the Default Judgment and Bill of Costs?

Answer 9

-Affidavit of Default
-Default Judgment and Bill of Costs

Question 10

How many copies should be made to file the Default Judgment and Bill of Cost?

Answer 10

the original docs and at least two copies

Question 11

What docs will be prepared in an unliquidated claim where the defendant hasn’t responded?

Answer 11

-Noting in Default (Form 14)
-Affidavit of Service
-Affidavit of Default
-Ex-Parte Application
-Affidavit Assessing Damages
-

Question 12

What are the grounds for applying for a Summary Judgment?

Answer 12

1. There is no defence to the claim
2. There is no merit to the claim
3. The only real issue is the amount to be awarded

Question 13

What are three scenarios where a Summary judgment will not be granted?

Answer 13

1. if the issues in the case are complex
2. if the issues in the case involve disputed facts
3. if evidence and credibility will need to be considered

Question 14

What must be prepared by the Applicant to apply for a Summary Trial?

Answer 14

1. Application for Summary Trial
2. Affidavit of the Applicant
3. Affidavit of Service

Question 15

What is the purpose of a Writ of Enforcement?

Answer 15

it gives the Plaintiff the right to seek out and take the Defendant’s property to satisfy the debt

Question 16

What info is required to prepare a Writ of Enforcement?

Answer 16

-copy of Order/Judgment
-Street address for both defendant and plaintiff
-judgment amount
-post-judgment interest rate and the calculated amount
-bill of costs with total costs amount
-lawyer name and contact info