Supreme Court Rules 1987

(1) Where a defendant has filed an appearance, no judgment shall be given for the relief or remedy sought except on application by the plaintiff in accordance with this rule.

(2) Except as provided in subrule (3), an application shall be made to the Court by summons in

Form 45A served on the defendant.

(3) In a proceeding commenced by originating motion under Order 53 the plaintiff may apply for judgment on the day specified in the originating motion for application to the Court.

(4) On an application under subrule (2) or (3) an Associate Judge may, as appropriate:

(a) hear and determine the application if it lies within his authority under Order 77;

(b) by consent of the defendant, give the judgment;

(c) refer the application to a

Judge for hearing and determination; or

(d) place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.