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Difference between revisions of "Small Claims Default Order (20:VII)"
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Small Claims Default Order (20:VII) (view source)
Revision as of 21:01, 5 August 2016
, 21:01, 5 August 2016→B. Setting Aside Default Orders and Reinstating Claims
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== B. Setting Aside Default Orders and Reinstating Claims == | == B. Setting Aside Default Orders and Reinstating Claims == | ||
If a party obtains a default order or a hearing for | If a party obtains a default order or a hearing for assessment of damages is scheduled, the party in default can apply to a judge to set aside the default order (Rules 16(6)(j) and 17(2)) and file a Reply (Rule 16(6)(d)). The party in default must file the application as soon as possible upon learning of the default order and attach to the application an affidavit containing (See Rule 17(2)(b); ''Miracle Feeds v D. & H. Enterprises Ltd.'' (1979), 10 BCLR 58 (Co. Ct.) [''Miracle Feeds'']): | ||
*a | *a reasonable explanation for not filing a Reply (or failing to attend a mediation session, trial conference, or trial); | ||
*a reasonable explanation of any delay in filing the application; | *a reasonable explanation of any delay in filing the application; | ||
*the facts supporting the claim, counterclaim, or defence; and | *the facts supporting the claim, counterclaim, or defence; and | ||