In what circumstances will an application for relief be successful because of the applicant's failure to read or understand the seriousness of the legal documents set out the claim against him?
Saskatchewan, Canada
The following excerpt is from Ballentyne v Benard, 2012 SKCA 23 (CanLII):
As to the first point, in Strange v. Saskatchewan, the applicant had offered his failure to read or understand the seriousness of the legal documents which set out the claim against him by way of explanation for his failure to respond to them. Popescul J. found that this conduct amounted to “wilful blindness” and could not, for that reason, satisfy the requirement to provide a “satisfactory explanation”. In such circumstances, Popescul J. concluded the application for relief must fail. In the appellants’ case, the chambers judge was of the view the situation before him was indistinguishable from Strange v. Saskatchewan and fell within that principle.
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