Can a judge set aside a judgment by default because the natural father has no standing?

British Columbia, Canada


The following excerpt is from Cahoon v. Maiden, 1984 CanLII 539 (BC SC):

But Rule 17(11) is designed to enable judgments by default to be set aside by those who can acquire a locus standi. It does not give locus standi to those who have none: Jacques v. Harrison (1883), 12 Q.B.D. 136. Since the natural father has no status in adoption proceedings, he has no standing to apply and set aside the judgment.

Other Questions


What is the difference between a natural father and natural father? (British Columbia, Canada)
What are the requirements for a defendant to set aside a default judgment? (British Columbia, Canada)
What is the test for a judge to depart from the judgment of another judge of the same court? (British Columbia, Canada)
What is the test for setting aside a default judgment where the court is satisfied service has not been done? (British Columbia, Canada)
What is the test for a judge to depart from another judge's judgment? (British Columbia, Canada)
What factors are required to set aside a default judgment? (British Columbia, Canada)
What are the factors to be considered in an application to set aside a default judgment? (British Columbia, Canada)
Does a delay in applying to set aside a default judgment have to be a reasonable explanation? (British Columbia, Canada)
What is the test for a moving party to set aside a default judgment? (British Columbia, Canada)
What is the legal test for setting aside a default judgment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.