Bickert v. Sorci Industries Inc.

Bickert v. Sorci Industries Inc.

The chambers judge's factual findings that Sorci delegated conduct of the litigation, did not learn of the default judgment until 2004, and had an arguable defence were supported by the evidence and not palpably or overridingly erroneous; accordingly the order setting aside the default judgment was correctly upheld and the appeal dismissed.

Citation
2005 BCCA 313
Parties
Appellant (plaintiff): Clare Bickert; Appellant (plaintiff): Nancy Bickert; Respondent (defendant): Sorci Industries Inc.; Respondent (defendant): Wayne Sorci
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
31 May 2005
Procedural Posture
Civil Appeal / Appeal From Chambers Order Setting Aside a Default Judgment
Outcome
Appeal dismissed; order setting aside default judgment upheld
Legal Topics
Setting Aside Default Judgment, Delegation of Authority to Agent, Service of Process and Notice, Delay and Prejudice, Affidavit Evidence
Source Language
English
Civil Procedure Enforcement of Judgment Contract/commercial Law Agency Setting Aside Default Judgment Delegation of Authority to Agent Service of Process and Notice Delay and Prejudice +1 more

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Parties

Clare Bickert

Appellant (plaintiff)

Nancy Bickert

Appellant (plaintiff)

Sorci Industries Inc.

Respondent (defendant)

Wayne Sorci

Respondent (defendant)

Procedural Posture

Civil Appeal / Appeal From Chambers Order Setting Aside a Default Judgment

Legal Issues

  1. 1 Whether the chambers judge erred in setting aside the default judgment
  2. 2 Whether the defendants' failure to defend was wilful or deliberate
  3. 3 Whether the application to set aside was brought promptly on learning of the judgment

Ratio Decidendi

The chambers judge's factual findings that Sorci delegated conduct of the litigation, did not learn of the default judgment until 2004, and had an arguable defence were supported by the evidence and not palpably or overridingly erroneous; accordingly the order setting aside the default judgment was correctly upheld and the appeal dismissed.

Court Disposition

Appeal dismissed; order setting aside default judgment upheld

Orders

  • Appeal dismissed; chambers order setting aside default judgment is upheld