What is the test for setting aside default judgment?
British Columbia, Canada
The following excerpt is from B. v. B., 2005 BCCA 407 (CanLII):
The appellant further argues that the chambers judge, in the interests of the proper administration of justice, should have exercised her discretion in favour of setting aside the default judgment because the truth of the respondent’s allegations of abuse must be enquired into in any event when the court assesses damages. On this point the appellant relies on the decision of McEwan J. in May v. Williams, [1997] B.C.J. No. 900 (Q.L.) (S.C.).
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