What is the test on an application to set aside a default judgment?
British Columbia, Canada
The following excerpt is from Willey v. Ronik Security Ltd. et al., 2006 BCSC 1003 (CanLII):
I turn now to the applicable law. The test on an application such as the present is not in dispute. Both counsel have referred to the decision in Miracle Feeds v. D & H Enterprises Ltd. The defendant must prove that: (1) it did not wilfully or deliberately fail to enter an appearance; (2) application to set aside the default judgment was made as soon as reasonably possible after obtaining knowledge of the default judgment or an explanation for the delay must be given; and (3) it has a meritorious defence or at least a defence worthy of investigation.
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