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Application for entry of a summary judgment
17.01. (1) Where the defendant has filed a defence or appeared on a hearing under an originating document, the plaintiff may, on the ground that the defendant has no defence to a claim in the originating document or a part thereof or has no defence to such a claim or part except to the amount of any damages claimed, apply to the Court to enter judgment against the defendant.
(2) This rule applies to every proceeding begun by statement of claim other than one which includes
(a) a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment, seduction, breach of promise of marriage or for specific performance; or
(b) a claim by the plaintiff if based upon an allegation of fraud.
Disposal of application
17.02. On the hearing of an application under rule 17.01, the Court may on such terms as it thinks just,
(a) give such directions as may be required for the examination of any party or witness, or for the production of any book or document or copy thereof, or for the making of any further inquiries;
(b) grant an order in favour of the plaintiff on the claim or any part thereof;
(c) impose terms upon the plaintiff, including in particular a stay of execution of any order until the determination of the defendant's counterclaim or third party proceeding;
(d) allow the defendant to defend the claim or part thereof, either unconditionally or on terms relating to giving security, time, the mode of trial, or otherwise;
(e) where the defence is to amount only, order an assessment of the amount or reference or accounting to determine the amount;
(f) give directions as to the trial or hearing of the claim or part thereof;
(g) with the consent of all the parties, dispose of the proceeding finally in a summary manner, with or without pleadings or affidavits;
(h) where the claim is for the delivery up of a specific article, order the delivery up of the article;
(i ) where the claim is for the possession of land on the ground of forfeiture for non-payment of rent, grant relief against the forfeiture;
(j) award costs; or
(k) grant any other order as it thinks just.
Right to continue with residue of proceeding
17.03. Where a plaintiff obtains an order under rule 17.02, the plaintiff may continue the proceeding in respect of any remaining part of the claim or any other claim or against any other defendant.
Judgment on admission of facts or documents
17.04. The Court may grant a summary order under rule 33.03 on an application based on admission of facts or documents in a pleading or otherwise.
Application to a counterclaim or third party proceeding
17.05. The provisions of this rule shall apply, with any necessary modification, to a counterclaim or third party proceeding to the same extent as if the counterclaim or third party proceeding was a separate proceeding.
Setting aside judgment
17.06. Any order given against a party who does not appear at the hearing of an application under Rule 17 may be set aside or varied by the Court on such terms as it thinks just.
1986 c42 Sch D rule 17.06