Can a defendant bring an application for reconsideration of an order assessing damages pursuant to Rule 22(1)(3)?
British Columbia, Canada
The following excerpt is from Kallu v. Borkowski, 2015 BCSC 1307 (CanLII):
The defendant argues that by virtue of Rule 8-1(7) he was entitled to notice of the application to assess damages and having not received noticed he is entitled to bring an application for the reconsideration of the order assessing damages pursuant to Rule 22(1)(3). If the order assessing damages is set aside the defendant says that there is no bar to the court setting aside the default judgment under Rule 3-8(11) and having satisfied the test in Miracle Feeds v. D. & H. Enterprises Ltd., (1979) 10 B.C.L.R. 58, it should be set aside.
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