When will a default judgment be set aside?

British Columbia, Canada


The following excerpt is from Speciality Underwriting Services Ltd. v. Lloyds Underwriters and Member Companies of The Institute of London Underwriters, 1995 CanLII 858 (BC SC):

18 The applicant defendants learned of the default judgment in the summer of 1994. Materials were prepared and sworn in the fall of 1994, and the notice of motion for this application was filed in mid December 1994. The position of the applicant defendants was that the orders for substitutional service and default judgment should be set aside as a result of irregularities or, alternatively, the default judgment should be set aside pursuant to the test enunciated in the case of Miracle Feeds v. D. & H. Enterprises Limited[1]. I heard submissions on the first leg of their position but time did not permit the making of submissions on the second leg. It was agreed that, if necessary, submissions on the second leg could be made in the future.

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