Default by third party before trial
207 Default by third party before trial
A defendant is entitled to enter judgment against a third party to the extent of any contribution or indemnity claimed in the third party notice or, by leave of the Court or a judge, to enter any judgment in respect of any other relief or remedy claimed as the Court or judge directs if – the third party fails to file a notice of appearance or to file and deliver any pleading that he or she has been ordered to file and deliver; and judgment by default is entered against the defendant giving the notice; and the defendant has satisfied that judgment or obtains the leave of the Court or a judge to proceed under this subrule without having satisfied that judgment.
The Court or a judge may set aside or vary a judgment obtained under subrule (1) on any terms as are just.
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