Small Claims Default Order (20:VII): Difference between revisions
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Small Claims Default Order (20:VII) (view source)
Revision as of 21:07, 5 August 2016
, 5 August 2016→B. Setting Aside Default Orders and Reinstating Claims
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The party in default must show that: | The party in default must show that: | ||
*the | *the failure to file a Reply (or failure to attend a mediation session) was not wilful, deliberate or blameworthy; | ||
*the | *the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order (see ''Camnex Marketing Inc. v Aberdeen Financial Group'', 2009 BCSC 763 (CanLII)); | ||
*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. | ||
