When may a default judgment be issued?

Prepare for the Ontario Barrister Civil Practice Exam. Engage with flashcards and multiple-choice questions, each enhanced with hints and explanations. Ace your exam!

A default judgment is a judicial determination that is granted when one party, usually the defendant, fails to respond to a legal action or does not appear in court. This mechanism is a vital aspect of civil procedure, ensuring that cases can proceed even when one party neglects to participate in the process. The court essentially acknowledges that the absent party forfeits their opportunity to present their side of the case, enabling the other party to receive a judgment based on the claims they have put forth.

In this context, the other options do not correctly reflect situations in which a default judgment would be appropriate. For instance, if the defending party files a counterclaim, there is active participation in the proceedings, thus negating any grounds for a default judgment. Similarly, the assertion that a plaintiff's evidence is undeniable pertains to the merits of the case rather than the procedural status of the parties involved, which is not relevant for issuing a default judgment. Lastly, if both parties reach an agreement, it typically results in a settlement or consent judgment rather than a default judgment, as it indicates cooperation rather than neglect.

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