An order striking out a defence and entering judgment is a final order appealable as of right, even where a counterclaim is severed and remains on foot. An appellate judge reviewing a Master's discretionary case management decision to allow a further amendment of pleadings must identify a House v The King error; merely holding a different view about whether the time has come to refuse further amendment is insufficient. Where a defence is struck out and judgment entered, the matters that could have been raised by way of defence merge in the judgment and cannot be revived by raising them in the counterclaim.
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