Woods v. Smeltzer

Woods v. Smeltzer

On the balance of probabilities the Adjudicator found that personal service occurred on September 20, 2019 (papers were presented and left at the defendant's feet); therefore the defendant had adequate notice, no reasonable excuse for failing to respond, and the application to set aside the judgment was dismissed.

Citation
2020 NSSM 21
Parties
Claimant (respondent): Gary Woods; Claimant (respondent): Wendy Woods; Defendant (applicant): Brenda A. Smeltzer
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
19 October 2020
Procedural Posture
Small Claims Court / Application to Set Aside Judgment
Outcome
Application to set aside judgment dismissed
Legal Topics
Personal Service, Default Judgment, Setting Aside Judgment, Credibility Assessment
Source Language
English
Civil Procedure Enforcement Personal Service Default Judgment Setting Aside Judgment Credibility Assessment

Case Brief

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Parties

Gary Woods

Claimant (respondent)

Wendy Woods

Claimant (respondent)

Brenda A. Smeltzer

Defendant (applicant)

Procedural Posture

Small Claims Court / Application to Set Aside Judgment

Legal Issues

  1. 1 Whether personal service was effected on September 20, 2019
  2. 2 Whether the defendant has a reasonable excuse for not filing a defence or attending the hearing
  3. 3 Whether the default judgment should be set aside

Ratio Decidendi

On the balance of probabilities the Adjudicator found that personal service occurred on September 20, 2019 (papers were presented and left at the defendant's feet); therefore the defendant had adequate notice, no reasonable excuse for failing to respond, and the application to set aside the judgment was dismissed.

Court Disposition

Application to set aside judgment dismissed

Orders

  • Application to set aside judgment dismissed