What are the factors to be considered in an application to set aside a default judgment?

British Columbia, Canada


The following excerpt is from Burnco Rock Products Ltd. v Bear Creek Contracting Ltd., 2019 BCSC 1257 (CanLII):

The factors to be considered in an application to set aside a default judgment are set out in the well-known case of Miracle Feeds v. D. & H. Enterprises Ltd. [1979] 10 B.C.L.R. 58. In order to satisfy the court that a default judgment should be set aside, the applicant must show: a) that it did not wilfully or deliberately fail to file a response to the plaintiff’s claim; b) that it made its application to set aside the default judgment as soon as reasonably practicable or provided a reasonable explanation for any delay in the application being brought; c) that it has a meritorious defence or, at least, a defence worthy of investigation; and d) that the foregoing requirements are established through affidavit material.

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