Pacific Aviation Academy of British Columbia v. Hassan

Pacific Aviation Academy of British Columbia v. Hassan

The Provincial Court judge's refusal to set aside the default judgment was unreasonable on the record because the petitioners established lack of service of the Notice of Trial due to a registry oversight, applied promptly, and demonstrated a defence worthy of investigation; extrinsic affidavits proving the registry error were admissible, and therefore the default judgment was set aside and the matter returned to the Small Claims Court for trial.

Citation
2017 BCSC 1259
Parties
Petitioner: Pacific Aviation Academy of British Columbia; Petitioner: Sarbjeet Mandair; Respondent: Abdibari Hassan; Respondent: Abdinasir Hassan; Respondent: Ahmed Hassan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 July 2017
Procedural Posture
Judicial Review of Provincial Court Small Claims Default Judgment / Final Reasons for Judgment Following Judicial Review Hearing
Outcome
Petition granted: default judgment set aside as unreasonable; Provincial Court action referred back for trial.
Legal Topics
Default Judgment, Service of Process, Setting Aside Default Judgment, Procedural Fairness, Admissibility of Hearsay/extrinsic Evidence, Costs, Garnishment and Injunction
Source Language
English
Civil Procedure Administrative Law Small Claims Litigation Judicial Review Default Judgment Service of Process Setting Aside Default Judgment Procedural Fairness +3 more

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Parties

Pacific Aviation Academy of British Columbia

Petitioner

Sarbjeet Mandair

Petitioner

Abdibari Hassan

Respondent

Abdinasir Hassan

Respondent

Ahmed Hassan

Respondent

Procedural Posture

Judicial Review of Provincial Court Small Claims Default Judgment / Final Reasons for Judgment Following Judicial Review Hearing

Legal Issues

  1. 1 Whether the Provincial Court judge acted reasonably in refusing to set aside a default judgment
  2. 2 Whether the defendants were properly served with the Notice of Trial
  3. 3 Whether extrinsic hearsay affidavits (sticky note/Registrar evidence) were admissible on judicial review

Ratio Decidendi

The Provincial Court judge's refusal to set aside the default judgment was unreasonable on the record because the petitioners established lack of service of the Notice of Trial due to a registry oversight, applied promptly, and demonstrated a defence worthy of investigation; extrinsic affidavits proving the registry error were admissible, and therefore the default judgment was set aside and the matter returned to the Small Claims Court for trial.

Court Disposition

Petition granted: default judgment set aside as unreasonable; Provincial Court action referred back for trial.

Orders

  • Default judgment set aside
  • Provincial Court action C14934 referred to Port Coquitlam Small Claims Registry for a two day trial