What is the test for an application to set aside a default judgment under Rule 17(16)?

Yukon, Canada


The following excerpt is from T.M.G. v. S.D.I., 2009 YKSC 28 (CanLII):

In order to succeed in an application to set aside a judgment under Rule 17(16), the applicant must meet the criteria set out in Miracle Feeds v. D. & H. Enterprises Limited (1979), 10 B.C.L.R. P 58 (Co.Ct) at 61: 1. that he did not wilfully or deliberately fail to appear on this application; 2. that he made an application to set aside the default judgment as soon as reasonably possible after obtaining knowledge of the default judgment, or give an explanation for any delay in the application being brought; 3. that he has a meritorious defence or at least a defence worthy of investigation.

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