What is the test for noting in default?

Alberta, Canada


The following excerpt is from Vincent v. Moduline Industries (Canada) Ltd., 2011 ABQB 571 (CanLII):

The Plaintiff relied on Filipchuk v. Ladouceur 2001 ABCA 26 at para 2, as authority that the procedural step of noting in default was considered as a “thing” that “materially advance[d] the action” pursuant to former Rule 244.1(1).

Other Questions


Can a Minister bring an application to set aside an action where the pleadings are noted closed or a note of default is entered? (Alberta, Canada)
What is the test for setting aside a noting in default? (Alberta, Canada)
What is the effect of counsel suggesting that where a debtor gives his creditor a promissory note the terms of the contract must be found in the note itself? (Alberta, Canada)
Can an endorser of a promissory note avoid payment if the maker of the note is declared bankrupt? (Alberta, Canada)
Is a good consideration for a promissory note? (Alberta, Canada)
Is there any issue about the making of a note? (Alberta, Canada)
Is a motion for a default judgment equivalent to that obtained upon a Statement of Claim? (Alberta, Canada)
What authority exists for the proposition that a demand note is due on signing? (Alberta, Canada)
Is there any case law in which a Defendant has not deliberately let a judgment go by default? (Alberta, Canada)
What is the default position for the court in calculating child support obligations? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.