Labadie v. Hegel

Labadie v. Hegel

The judge's factual findings that there was no material nondisclosure in the alternative service application and that the appellant failed to satisfy any of the Miracle Feeds criteria (delay appeared deliberate, no reasonable explanation, and no meritorious defence) justified refusing to set aside the alternative service order or the default judgment; the appeal is dismissed.

Citation
2017 BCCA 446
Parties
Respondent (plaintiff): Brian Labadie; Appellant (defendant): Ronald Edward Hegel
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
13 December 2017
Procedural Posture
Civil Appeal From Default Judgment in Contract Claim / Appeal From Order Dismissing Application to Set Aside Default Judgment
Outcome
Appeal dismissed; application to set aside alternative service and default judgment dismissed; default judgment upheld.
Legal Topics
Default Judgment, Alternative Service, Setting Aside Judgment, Service of Notice, Meritorious Defence, Delay/promptness
Source Language
English
Civil Procedure Contract Service of Process Default Judgment Alternative Service Setting Aside Judgment Service of Notice Meritorious Defence +1 more

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Parties

Brian Labadie

Respondent (plaintiff)

Ronald Edward Hegel

Appellant (defendant)

Procedural Posture

Civil Appeal From Default Judgment in Contract Claim / Appeal From Order Dismissing Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the alternative service order should be set aside for nondisclosure of material facts
  2. 2 Whether the default judgment should be set aside under the Miracle Feeds criteria (failure not deliberate, prompt application, meritorious defence)
  3. 3 Whether the appellant's delay and lack of credible explanation defeated relief

Ratio Decidendi

The judge's factual findings that there was no material nondisclosure in the alternative service application and that the appellant failed to satisfy any of the Miracle Feeds criteria (delay appeared deliberate, no reasonable explanation, and no meritorious defence) justified refusing to set aside the alternative service order or the default judgment; the appeal is dismissed.

Court Disposition

Appeal dismissed; application to set aside alternative service and default judgment dismissed; default judgment upheld.

Orders

  • Appeal dismissed.
  • Order dismissing application to set aside the default judgment and alternative service order affirmed.