What is the legal test for setting aside a default judgment?

British Columbia, Canada


The following excerpt is from Hawkins v. Fernie One Outfitters Ltd., 2012 BCSC 84 (CanLII):

The legal test for setting aside a default judgment is, of course, set out in Miracle Feeds v. D. & H. Enterprises Ltd. (1979), 10 B.C.L.R. 58. At para. 5 the Rule was stated as follows: ... in order for a defendant to succeed on an application to set aside a default judgment, he must show: 1. That he did not wilfully or deliberately fail to enter an appearance or file a defence 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 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; and 4. That the foregoing requirements will be established to the satisfaction of the court through affidavit material filed by or on behalf of the defendant.

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