Caron v. Canada
A-136-95
Pratte J.A.
26/11/96
2 pp.
Appeal from Trial Division decision ordering Crown's defence struck out as not filed in time-Initially, application for leave to enter default judgment against Her Majesty in action for unlawful imprisonment-Application for default judgment filed after expiry of 30 days allowed by R. 402(2)(a)(i) and defence filed thereafter-R. 402(2)(b)(i) allows filing of defence as long as application for default judgment not made-In cases to which Crown Liability and Proceedings Act, s. 25 applies, fourteen days' notice must be given before such application brought-In such cases, defence may be filed before 14-day period expires-In instant case, appellant filed defence three days after receiving notice of application for default-She therefore filed her defence in time-Trial Judge wrong to order it struck out-Appeal allowed-Federal Court Rules, C.R.C., c. 663, R. 402(2)(a)(i),(b)(i)-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 25 (as am. by S.C. 1990, c. 8, s. 31).