What are the principles governing the setting aside of a default judgment?

British Columbia, Canada


The following excerpt is from Household Finance Corporation v. Linhart et al, 2005 BCSC 340 (CanLII):

The principles governing the setting aside of a default judgment were set out by Hinds C.C.J., as he then was, in Miracle Feeds v. D & H Enterprises Ltd. (1979), 10 B.C.L.R. 58 namely: 1) that he did not willfully or deliberately fail to enter an appearance or file a defense to the plaintiff’s claim; 2) that he made application to set aside the default judgment as soon as reasonably possible after obtaining knowledge of the default judgment, or gave an explanation for any delay in the application being brought; 3) that he has a meritorious defense or at least a defense worthy of investigation; and 4) that the foregoing requirements are to be established to the satisfaction of the court through affidavit material filed for or on behalf of the defendant.

Other Questions


What are the governing principles on an application to set aside a default 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)
What is the test to set aside a default judgment? (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)
What is the test for setting aside a default judgment where the court is satisfied service has not been done? (British Columbia, Canada)
Does a delay in applying to set aside a default judgment have to be a reasonable explanation? (British Columbia, Canada)
What are the requirements for a defendant to set aside a default judgment? (British Columbia, Canada)
When will a default judgment be set aside? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.