What are the relevant factors that a court will consider to set aside a default judgment?

British Columbia, Canada


The following excerpt is from Marshall v McCormick, 2018 BCSC 1398 (CanLII):

As noted by Madam Justice Brown in Bajwa v. Deol, 2017 BCSC 1673, at para. 24, she states: The elements in Miracle Feeds are not conditions that the applicant has to satisfy, but are relevant factors that the chambers judge should take into account when exercising discretion to set aside the default judgment … She cites in support of that proposition British Columbia v. Ismail, 2007 BCCA 55 at para. 11. She considers whether it is appropriate to exercise her discretion and she found in that case she was not satisfied that the affidavit material presented persuaded her that he was not served:

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