What is the test for making an affidavit of merits against a defendant who has not appeared in court?
British Columbia, Canada
The following excerpt is from Lin v. Tang, 1997 CanLII 2675 (BC CA):
Therefore, in a case in which the non-appearing defendant against whom a judgment had been granted applied, as did the appellant, within ninety days (it is unnecessary to address the issue of whether "application made" refers to the date of the application or its return date), the court had a very wide discretion to do what the justice of the case required. An affidavit of merits was not a prerequisite. See Bracken v. Gilpin, [1921] W.N. 274.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of cancelled court appearances on the amount charged by the Court? (British Columbia, Canada)
What is the jurisdiction of this court to make an order in an application in court? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What is the state of the law for a defendant in a civil case where he is accused of making false statements in an affidavit? (British Columbia, Canada)
When faced with conflicting affidavits in a summary trial, can a judge make a decision between two opposing versions of the affidavit? (British Columbia, Canada)
What are the principles used by the Court of Appeal in making an order to refer the issue to the Superior Court of Justice? (British Columbia, Canada)
Can a defendant in a separate action with the same plaintiff receive costs from 7 days after making a joint payment into court of a similar amount? (British Columbia, Canada)
In what circumstances will a court award special costs against a party who improperly makes an allegation of fraud against a defendant? (British Columbia, Canada)
Can a defendant make an application for a summary determination of the litigation immediately upon being advised of the making of an interim order? (British Columbia, Canada)
