JUDGMENT AND ENTRY OF JUDGMENT
Solicitor to be informed of filing of reasons for judgment
335 Whenever a judge files his reasons for judgment in any proceeding or issues any fiat, the local registrar shall forthwith notify the solicitors of the parties to the action of the fact, and enter a memorandum of such notification in the procedure book. R. 335.
Recording judgments, decrees and orders, Certified copies
336 Every judgment or decree entered and a copy of every order issued by the local registrar shall be filed; and a certified copy thereof under the seal of the court shall be received for all purposes as of the same force and effect as such original judgment, decree or order. The forms of judgment 30 to 36 may be used. R. 336.
Judgment to be entered as of date pronounced
337 When any judgment is pronounced, the entry of judgment shall be dated as of the day on which such judgment is pronounced, unless the court shall otherwise order, and the judgment shall take effect from that date:
provided that, by special leave of the court, a judgment may be antedated or post-dated. R. 337.
Date of entry in other cases
338 In all other cases not within the last preceding rule, the entry of judgment shall be dated as of the day on which the requisite documents are left with the proper officer for the purpose of such entry, and the judgment shall take effect from that date. R. 338.
Time to be stated for doing any act ordered to be done
339 Every judgment or order made in any cause or matter requiring any person to do any particular act other than the payment of money shall state the time, or the time after service of the judgment or order, within which the act is to be done. R. 339.
Entry of judgment on negotiable instrument
340 No judgment shall be entered in an action on any negotiable instrument until such instrument is filed with the local registrar, unless such filing is dispensed with by order of the court to be obtained ex parte. R. 340.
Entry on production of order or certificate
341 Where by these rules, or otherwise, any judgment may be entered pursuant to any fiat, note or memorandum of an order signed by a judge, any order or certificate, or return to any writ, the production of such fiat, note or memorandum of an order signed by a judge, order or certificate, or of such return, shall be a sufficient authority to the local registrar to enter judgment accordingly. R. 341.
Consent judgment
342(1) In any cause or matter where the defendant has appeared by solicitor, no order for entering judgment shall be made by consent, unless the consent of the defendant is given by his counsel or solicitor.
Verification of when no appearance by solicitor
(2) Where a defendant has not appeared or has appeared in person, no such order shall be made unless the written consent of such defendant with an affidavit of due execution thereof is filed on the application for such order. R. 342.
Settling judgments or orders
343(1) When a judgment or order is pronounced after a hearing or trial, the successful party thereon, or in the case of divided success such party as the court shall direct, shall prepare the formal judgment roll or order and submit the same to the local registrar, who may in simple cases settle the same.
Notice of settling
(2) Upon receipt of the formal judgment roll or order the local registrar may require that notice to settle the same be given to all parties interested in which case he shall appoint a time and place to settle such judgment roll or order, and thereupon the party having the carriage of such judgment or order shall give to the other parties interested two days notice of such appointment and serve therewith a copy of the proposed judgment roll or order.
Reference to judge
(3) In the event of any party being dissatisfied with the terms of any such judgment roll or order as so settled, the local registrar shall refer the matter to the judge who pronounced the judgment or made the order, who shall settle the terms thereof.
Default by party having carriage of
(4) If any party having the carriage of any judgment or order shall neglect to have the same finally drawn up and entered, any other party interested may serve notice requiring him within five days to take such steps, and if such party shall not within the time limited take such necessary steps any other party interested may apply to settle such judgment roll or order and to enter or issue the same as hereinbefore provided. R. 343.
Amendment of judgment or order
343A Any judgment or order may be amended:
(a) by the local registrar on written consent of the parties or by the court where there are clerical mistakes or errors arising from an accidental slip or omission; or (b) by the court where the judgment or order requires amendment in any particular on which the court should have but did not adjudicate or in any calculation arising out of a decision of the court. R. 343A.
Further directions after judgment
344 Where in any action a judgment has been pronounced or an order has been made and such judgment or order has been formally drawn up and entered and it shall subsequently appear that further directions are necessary in order to insure to the party entitled to the benefit of such judgment or order, as to costs or otherwise, the relief to which he is entitled, the court may make such further or other order and give such further or other relief as the nature of the case may require; provided that such further or other relief does not necessitate any variation of the said judgment or order as to any matter decided by the original judgment or order. R. 344.
Satisfaction of judgment
345(1) When a judgment has been satisfied, the judgment creditor shall, at the request of the judgment debtor, execute a consent to entry of satisfaction in Form 41 and the execution of such memorandum shall be verified by affidavit of the attesting witness.
Entry by local registrar
(2) Upon such memorandum being filed with the local registrar he shall make an entry in the procedure book that such judgment is “satisfied”.
Order for by court
(3) If the judgment creditor refuses to execute such memorandum, or if for any reason signature of such judgment creditor cannot be secured, the court may, ex parte or upon notice, make an order that the local registrar shall mark such judgment as “satisfied”. R. 345.
Setting aside default judgment
346 Subject to Rule 271 any judgment by default, whether by reason of non-delivery of defence or non-compliance with any of these rules or with any order of the court, may be set aside or varied by the court upon such terms as to costs or otherwise as the court may think fit. R. 346.
New judgment by notice
347(1) Where any judgment has been recovered and the judgment creditor alleges that the same or any part thereof remains unsatisfied he may, at any time before proceedings under such judgment would be barred by The Limitation of Actions Act, serve upon the judgment debtor a notice of motion requiring him to appear before a judge in chambers and show cause why the judgment creditor should not have a new judgment for the amount remaining due and unpaid on such original judgment, and such proceeding shall be deemed an action on a judgment or order of the court.
Notice of motion
(2) Such notice of motion shall issue in the original cause or matter and shall be served upon the judgment debtor at least 20 days before its return date.
Order for new judgment
(3) If, upon the return of the motion under this rule, the judgment debtor does not appear and the judge is satisfied as to due service of the notice of motion and as to the amount still due and unpaid under the original judgment, the judge may make an order that the judgment creditor has leave to enter a new judgment for the recovery of the amount so due and costs.
Issue directed in case of dispute
(4) If the judgment debtor appears and disputes the judgment creditor’s claim in whole or in part, the judge may give directions for the trial of an issue with or without pleadings as the circumstances of the case may require, and give all necessary directions.
Judgment thereon
(5) After the trial of an issue so directed, the judge may make such order or give such judgment as the circumstances of the case may require. R. 347. Amend. Gaz. Dec. 13, 2002.
Entry of judgment following appeal
348 Upon the production of the order of Her Majesty in Her Privy Council, made upon an appeal to Her Majesty in Council, or of the certificate of the Registrar of the Supreme Court of Canada upon an appeal to that court, or of a certified copy of the judgment of the Court of Appeal upon an appeal to that court, the local registrar with whom the judgment or order appealed from was entered shall cause such order of Her Majesty in Her Privy Council, or the certificate of the Supreme Court, or the certified copy of the judgment of the Court of Appeal to be entered in his procedure book, and all subsequent proceedings may be taken thereupon as if the decision had been given in this court. R. 348.
The Reciprocal Enforcement of Judgments Act, The Judgments Extension Act
349(1) These rules shall apply to all proceedings taken under statutory provisions for registration of judgments or orders made outside Saskatchewan in the Court of Queen’s Bench for Saskatchewan, including:
(a) The Enforcement of Canadian Judgments Act, 2002; (b) The Reciprocal Enforcement of Judgments Act, 1996; (c) The Judgments Extension Act; and
(d) The Enforcement of Foreign Judgments Act.
(2) The fees and costs payable for services rendered shall be such as are provided for similar services in the tariff of costs. R. 349. Gaz. Dec. 13, 2002. New. Amend. Gaz. Jan. 17, 2003. Amend. Mar. 31, 2006.
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