The principles governing the setting aside of a default judgment were set out by Hinds C.C.J., as he then was, in Miracle Feeds v. D & H Enterprises Ltd. (1979), 10 B.C.L.R. 58 namely: 1) that he did not willfully or deliberately fail to enter an appearance or file a defense to the plaintiff’s claim; 2) that he made application to set aside the default judgment as soon as reasonably possible after obtaining knowledge of the default judgment, or gave an explanation for any delay in the application being brought; 3) that he has a meritorious defense or at least a defense worthy of investigation; and 4) that the foregoing requirements are to be established to the satisfaction of the court through affidavit material filed for or on behalf of the defendant.
"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.