Small Claims Default Order (20:VII): Difference between revisions
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Small Claims Default Order (20:VII) (view source)
Revision as of 21:06, 5 August 2016
, 5 August 2016→B. Setting Aside Default Orders and Reinstating Claims
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*why permitting the order would be in the interests of justice. | *why permitting the order would be in the interests of justice. | ||
The party in default must show | The party in default must show that: | ||
*the failure to file a Reply (or failure to attend a mediation session) was not wilful, deliberate or blameworthy; | *the failure to file a Reply (or failure to attend a mediation session) was not wilful, deliberate or blameworthy; | ||
*the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order158; | *the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order158; | ||
*if there has been a delay in applying to set aside the default order, an explanation for the delay; and | *if there has been a delay in applying to set aside the default order, an explanation for the delay; and | ||
*if the party in default is the defendant, there is a defence that is not bound to fail. | *if the party in default is the defendant, there is a defence that is not bound to fail. | ||
(See ''Miracle Feeds''; ''Hubbard v Acheson'', 2008 BCSC 970 (CanLII); ''McEvoy v McEachnie'', 2008 BCSC 1273 (CanLII); ''Anderson v T.D. Bank'', 1986 CanLII 897 (BC CA); ''Doyle v Lunny Design and Production Group Inc.'', 2009 BCSC 925 (CanLII); and ''Innovest Development Corp. (Receiver of) v Lim'', 1999 CanLII 5356 (BCSC)) | |||
Where the party in default is a defendant who has not filed a Reply, the defendant should also bring copies of the Reply and be prepared to file them immediately if the judge grants permission. | Where the party in default is a defendant who has not filed a Reply, the defendant should also bring copies of the Reply and be prepared to file them immediately if the judge grants permission. | ||
If | If the default order is cancelled, the party who obtained it may ask the court to award reasonable expenses that relate to the cancellation. These expenses may include the cost of filing the application for default order, significant travelling expenses, and lost wages that were incurred only as a result of the cancellation. | ||
