What is a default proceeding?

• A. A process where the judge makes a decision without consideration
• B. A proceeding initiated when a party fails to respond or appear
• C. A case dismissed for lack of service
• D. A mediation session before trial

Answer: (B)

A default proceeding happens when one party does not respond to the claim or fails to show up for the hearing. In that situation, the other party present can proceed with the case based on the information they’ve provided, and the tribunal may issue an order in their favor even though the absent party didn’t participate. This mechanism ensures the matter can move forward and a resolution can be reached without being stalled by someone who does not respond or appear.

In the Landlord and Tenant Board context, this often means the landlord or tenant who did respond can obtain the relief they requested after proper service and a hearing, without the absent party’s input. If the missing party later acts, they can usually apply to have the default order set aside if they have a reasonable excuse and act promptly.

The other scenarios described don’t fit a default proceeding: a decision made without consideration isn’t what a default is about, and dismissal for lack of service involves a service issue rather than a party failing to respond or appear. A mediation session is a pre-trial effort to settle disputes, not a default proceeding.