In what circumstances will a defendant be ordered to pay costs for failing to show a notice of trial?
Saskatchewan, Canada
The following excerpt is from McLean v. Ratekin (Nos. 1, 2 and 3), 1926 CanLII 181 (SK CA):
In Cockle v. Joyce, 7 Ch. D. 56, 47 L.J. Ch. 543, the case being on the list for the day was called in its turn, and no one appeared for the plaintiff. Fry, J. held that notice of trial must be proved, but allowed an affidavit of service to be produced to the registrar, and upon that being done judgment would be entered for the defendant with costs. A motion was then launched by the plaintiff to have the judgment set aside and the case restored to the list, on the ground that counsel for the plaintiff had been prevented by accident from appearing when the action was called. Fry, J. ordered the judgment to be set aside, on payment of the costs of the day and of the application, and directed the action be placed on the list next after the actions on the paper for the day.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is a reasonable excuse can be established in a notice notice application if someone is temporarily incapable of attending to his affairs or giving instructions during the notice period? (Saskatchewan, Canada)
Is a notice of notice necessary in circumstances where a plaintiff is seeking to sue for damages of more than £200,000? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
In what circumstances will the court order disclosure of a client's counselling records prior to trial? (Saskatchewan, Canada)
In what circumstances will the court order a fixed amount of costs against the mother in a family law dispute? (Saskatchewan, Canada)
Can a defendant at trial advance the defence of misrepresentation at trial? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
What is the appeal from an order made by the Local Master at Moose Jaw on an application for security for costs? (Saskatchewan, Canada)
In what circumstances will a defendant be charged with perjury in falsely testifying that he does not remember certain criminal acts? (Saskatchewan, Canada)
What is the current practice of paying the costs of a party in an abortive trial? (Saskatchewan, Canada)
