What is the threshold test on an application to set aside a default judgment?
British Columbia, Canada
The following excerpt is from Kitchen Expressions & Finishing Ltd. v. Cooper, 2016 BCSC 1629 (CanLII):
Based on the seminal case of Miracle Feeds v. D. & H. Enterprises Ltd and Giesbrecht, [1979] B.C.J. No. 1965, the threshold test on an application to set aside a default judgment, a defendant must show: a) the failure to file an appearance or defence was not wilful or deliberate; b) the application to set aside the default judgment was made as soon as reasonably possible after obtaining knowledge of the default judgment or explain any delay in bringing the application; c) that the defendant had a meritorious offence, 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.
Other Questions
What is the test for an application to set aside a default judgment? (British Columbia, Canada)
What are the factors to be considered in an application to set aside a default judgment? (British Columbia, Canada)
What are the governing principles on an application to set aside a default judgment? (British Columbia, Canada)
What is the test on an application to set aside a default judgment? (British Columbia, Canada)
What are the requirements for a defendant to set aside a default judgment? (British Columbia, Canada)
Is there any case law where an unsuccessful applicant for Rule 18A application for a summary judgment or cost of costs? (British Columbia, Canada)
What is the test to set aside a default judgment? (British Columbia, Canada)
What is the test for setting aside a default judgment where the court is satisfied service has not been done? (British Columbia, Canada)
What is the legal test for setting aside a default judgment? (British Columbia, Canada)
Does a delay in applying to set aside a default judgment have to be a reasonable explanation? (British Columbia, Canada)
