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r 50.07

Consequences of failure to attend appropriate dispute resolution

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Part 2Offers of compromise

50.07 Consequences of failure to attend appropriate dispute resolution

(1)

If a party does not attend an appropriate dispute resolution after receiving notice to attend, the Court may—

(a)

in the case of failure by a plaintiff, dismiss the complaint; or

(b)

in the case of failure by a defendant, strike out the notice of defence.

(2)

A defendant whose notice of defence is struck out in accordance with paragraph (1) is to be taken to be a defendant who does not give notice of defence.

(3)

If the Court dismisses a complaint or strikes out a notice of defence, the court may also—

(a)

make an order for the defendant's costs of the proceeding; or

(b)

make an order on the claim for a debt or liquidated demand; or

(c)

make an order on the claim if it arises from a motor vehicle accident and the claim is only for the cost of repairs or for total loss of the vehicle.

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