What is the test for wilfully allowing a judgment to go by default?

Saskatchewan, Canada


The following excerpt is from Mellstrom v. Rance Construction Co., 1966 CanLII 297 (SK QB):

There is no suggestion that the applicant did other than “with full knowledge and wilfully allow the judgment to go by default” (the words used by Pearson, J. in Haigh v. Haigh, supra).

Other Questions


What is the test for opening up a noting for default and setting aside a default judgment? (Saskatchewan, Canada)
How has the Rule of Civil Procedure been interpreted and interpreted in the context of a default judgment? (Saskatchewan, Canada)
Is a debt attached to the judgment debtor while execution of the judgment is stayed? (Saskatchewan, Canada)
What is the legal test for granting judgment based on minutes of settlement where one of the parties is in default? (Saskatchewan, Canada)
What is the test for a motion for judgment in default of defence? (Saskatchewan, Canada)
If a vendor takes a personal judgment against a plaintiff, and then withdraws the execution of the contract, what is the effect of the judgment against the vendor? (Saskatchewan, Canada)
Does the mere taking of an appeal against a judgment against the judgment is binding and conclusive? (Saskatchewan, Canada)
What is the legal test for entering a judgment without any formal order being drawn up? (Saskatchewan, Canada)
What is the effect of a judgment against an administrator ad litem? (Saskatchewan, Canada)
Can a plaintiff obtain a personal judgment from the Superior Court of Justice? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.