Is there any case law in which a Defendant has not deliberately let a judgment go by default?
Alberta, Canada
The following excerpt is from Amortech Inc. v. Alberta Collection Inc., 2016 ABPC 222 (CanLII):
Therefore, this does meet requirement set out in Palin v. Duxbury (supra) that the Defendant “did not deliberately let the judgment go by default and has some excuse for the default, such as illness or a solicitor’s inadvertence”. Although in this case, it was not the inadvertence of a solicitor, but rather it was the inadvertence of a representative from the Defendant’s accounting firm, which is the registered office of the Defendant.
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