A party may proceed with an application to obtain default judgment when the defendant has failed to file and serve a Response to Civil Claim within the time allowed under the rules or if the defendant has withdrawn its Response to Civil Claim. If a defendant files a Response to Civil Claim prior to the application for default judgment being heard, the application will fail. The default judgment process varies depending on the type of claim a plaintiff has advanced.

For example, if the claim is for a specific amount of money, the plaintiff can file a default judgment for the amount owed plus interest payable under the Court Order Interest Act and costs. If the claim is for an amount that is neither specified nor ascertainable (for example for personal injury cases), the court will grant a judgment with a caveat that the damages are be assessed at a later hearing. The plaintiff will then schedule a further application to have a court decide on the assessment of damages.