Camnex Marketing Inc. v. Aberdeen Financial Group

Camnex Marketing Inc. v. Aberdeen Financial Group

The provincial court judge reasonably concluded on the evidence that Camnex likely had notice of the claim and garnishing order by August/September 2008 (and in any event by November 15, 2008), that the delay until January 21, 2009 in applying to set aside the default judgment was unexplained and unreasonable, and that Camnex's allegation of fraud lacked supporting substance; accordingly refusal to set aside the default judgment was within the range of reasonable outcomes and the judicial review petition is dismissed.

Citation
2009 BCSC 763
Parties
Petitioner: Camnex Marketing Inc.; Respondent: Aberdeen Financial Group
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 June 2009
Procedural Posture
Judicial Review Under JRPA of Provincial Court (small Claims) Decision / In Chambers; Judgment on Petition
Outcome
Application dismissed; Provincial Court decision refusing to set aside the default judgment upheld; costs awarded to respondent at Scale 2.
Legal Topics
Default Judgment, Setting Aside Default Judgment, Service of Process, Garnishment, Standard of Review, Delay, Meritorious Defence
Source Language
English
Civil Procedure Administrative Law Debt Recovery Enforcement (garnishment) Default Judgment Setting Aside Default Judgment Service of Process Garnishment +3 more

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Parties

Camnex Marketing Inc.

Petitioner

Aberdeen Financial Group

Respondent

Procedural Posture

Judicial Review Under JRPA of Provincial Court (small Claims) Decision / In Chambers; Judgment on Petition

Legal Issues

  1. 1 Whether defendant had notice of the claim and judgment
  2. 2 Whether the application to set aside was brought promptly
  3. 3 Whether there was wilful default or delay

Ratio Decidendi

The provincial court judge reasonably concluded on the evidence that Camnex likely had notice of the claim and garnishing order by August/September 2008 (and in any event by November 15, 2008), that the delay until January 21, 2009 in applying to set aside the default judgment was unexplained and unreasonable, and that Camnex's allegation of fraud lacked supporting substance; accordingly refusal to set aside the default judgment was within the range of reasonable outcomes and the judicial review petition is dismissed.

Court Disposition

Application dismissed; Provincial Court decision refusing to set aside the default judgment upheld; costs awarded to respondent at Scale 2.

Orders

  • Application dismissed
  • Aberdeen Financial Group awarded costs at Scale 2