Does the language of a foreign language have to be considered a standard of practice for the purpose of determining a default?
Saskatchewan, Canada
The following excerpt is from Dyvig v. Adams, 1941 CanLII 116 (SK QB):
Gordon, J.A., at p. 55, agreed and referred to the language of Wetmore, J. in Sandhoff v. Metzer, to which I have already referred. He also reviews the cases as to default which has been practically wilful and concludes: “I do not think that we can safely establish one line of practice for the people who speak English and another for those who speak a foreign language, nor one set of rules for the astute and another for the obtuse.”
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