5,109
edits
Difference between revisions of "Small Claims Default Order (20:VII)"
Jump to navigation
Jump to search
Small Claims Default Order (20:VII) (view source)
Revision as of 02:31, 17 August 2020
, 02:31, 17 August 2020→2. Setting Aside Default Orders and Reinstating Claims
| Line 47: | Line 47: | ||
The party in default must show that: | 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 order (see ''Camnex Marketing Inc. v Aberdeen Financial Group'', 2009 BCSC 763 (CanLII)); | *the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order (see ''[http://canlii.ca/t/23whc 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. | ||