In what circumstances will a defendant be ordered to pay costs for failing to show a notice of trial?
Saskatchewan, Canada
The following excerpt is from McLean v. Ratekin (Nos. 1, 2 and 3), 1926 CanLII 181 (SK CA):
In Cockle v. Joyce, 7 Ch. D. 56, 47 L.J. Ch. 543, the case being on the list for the day was called in its turn, and no one appeared for the plaintiff. Fry, J. held that notice of trial must be proved, but allowed an affidavit of service to be produced to the registrar, and upon that being done judgment would be entered for the defendant with costs. A motion was then launched by the plaintiff to have the judgment set aside and the case restored to the list, on the ground that counsel for the plaintiff had been prevented by accident from appearing when the action was called. Fry, J. ordered the judgment to be set aside, on payment of the costs of the day and of the application, and directed the action be placed on the list next after the actions on the paper for the day.
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