In order to succeed in an application to set aside a judgment under Rule 17(16), the applicant must meet the criteria set out in Miracle Feeds v. D. & H. Enterprises Limited (1979), 10 B.C.L.R. P 58 (Co.Ct) at 61: 1. that he did not wilfully or deliberately fail to appear on this application; 2. that he made an application to set aside the default judgment as soon as reasonably possible after obtaining knowledge of the default judgment, or give an explanation for any delay in the application being brought; 3. that he has a meritorious defence or at least a defence worthy of investigation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.