Practice note: Consent to Judgment

In an LSO webinar on Small Claims enforcement, Deputy Judge Marcel Mongeon suggested that parties might make use of a consent to judgment. This form of consent is commonly seen at Superior Court, but it never ocurred to me to make use of it at the lower court.

When drafting the Terms of Settlement (Form 14D), you might include language indicating that if the terms are not complied with, the parties consent to a summary judgment with costs and fees/disbursements included.

Including something akin to a draft order might better motivate the parties to obey the terms, and the consent might assist in the motion for a summary judgment.