Is a default judgment against two individual defendants set aside?
British Columbia, Canada
The following excerpt is from Grinnell Supply Sales Company v. Heger Contracting ltd., 1999 CanLII 6206 (BC SC):
This is an application by the two individual defendants to set aside the default judgment entered against them on February 3, 1999. They advance three grounds upon which they say the judgment should be set aside: (i) The default judgment was irregular as the plaintiff's claim against the individual defendants was not a claim for a recovery of a debt or a liquidated demand; (ii) The default judgment was irregular as service of the Writ of Summons and Statement of Claim was not properly effected; (iii) The individual defendants have satisfied the requirements set out in Miracle Feeds v. D. & H. Enterprises Limited and Giesbrecht (1979) 10 B.C.L.R. P-58.
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