Keeler v. Shields

Keeler v. Shields

Master Baker reasonably exercised his discretion and was not clearly wrong in finding the defendant met the lower threshold of demonstrating a defence worthy of investigation based on his affidavit (alleging consent to entry, possible mistaken identity and denial of assault); accordingly the order setting aside the default judgment was upheld and the appeal dismissed.

Citation
2007 BCSC 1627
Parties
Plaintiff/appellant: Norman V. Keeler; Defendant/respondent: David Duncan Shields
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 November 2007
Procedural Posture
Civil Tort (trespass, Assault and Battery) / Appeal From Master's Decision to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Setting Aside Default Judgment, Default Judgment, Meritorious Defence, Miracle Feeds Test, Discretionary Relief
Source Language
English
Civil Procedure Tort Law Appeals Setting Aside Default Judgment Default Judgment Meritorious Defence Miracle Feeds Test Discretionary Relief

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Parties

Norman V. Keeler

Plaintiff/appellant

David Duncan Shields

Defendant/respondent

Procedural Posture

Civil Tort (trespass, Assault and Battery) / Appeal From Master's Decision to Set Aside Default Judgment

Legal Issues

  1. 1 Whether Master erred in finding defendant had a defence worthy of investigation
  2. 2 Whether defendant wilfully or deliberately failed to file a defence
  3. 3 Whether affidavit evidence was sufficient to demonstrate a meritorious defence

Ratio Decidendi

Master Baker reasonably exercised his discretion and was not clearly wrong in finding the defendant met the lower threshold of demonstrating a defence worthy of investigation based on his affidavit (alleging consent to entry, possible mistaken identity and denial of assault); accordingly the order setting aside the default judgment was upheld and the appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order of Master Baker setting aside the default judgment upheld
  • Appeal dismissed