Atlantic Pipeline Resources Inc. v. Widmeyer

Atlantic Pipeline Resources Inc. v. Widmeyer

The Court held that the claims were for unliquidated damages and the prothonotary lacked jurisdiction to enter final monetary default judgments; therefore the default judgments and execution orders were set aside and replaced with interlocutory/default judgments for damages to be assessed. The Chambers judge's factual finding that there was no reasonable excuse for failure to defend was upheld and so the Court did not remit the matters for trial on that ground. The funds recovered remain with the respondents pending assessment; appellant ordered to pay costs of appeal $1,500.00.

Citation
2000 NSCA 22
Parties
Appellant: Atlantic Pipeline Resources Incorporated; Respondent: Gary Widmeyer; Respondent: Roy North Enterprises Limited; Respondent: Roy North
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
1 February 2000
Procedural Posture
Appeal From Chambers (setting Aside Default Judgments) / Decision on Appeal (oral Reasons Delivered)
Outcome
Appeal allowed in part: default judgments and execution orders set aside and replaced with interlocutory/default judgments for damages to be assessed; funds recovered remain with respondents; appellant to pay costs of appeal.
Legal Topics
Default Judgment, Setting Aside Judgment, Liquidated Damages, Damages to Be Assessed, Prothonotary Jurisdiction, Reasonable Excuse, Assessment of Damages
Source Language
English
Civil Procedure Employment Law Contract Law Default Judgment Setting Aside Judgment Liquidated Damages Damages to Be Assessed Prothonotary Jurisdiction +2 more

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Parties

Atlantic Pipeline Resources Incorporated

Appellant

Gary Widmeyer

Respondent

Roy North Enterprises Limited

Respondent

Roy North

Respondent

Procedural Posture

Appeal From Chambers (setting Aside Default Judgments) / Decision on Appeal (oral Reasons Delivered)

Legal Issues

  1. 1 Whether default judgments should be set aside for failure to file a defence
  2. 2 Whether the claims were for liquidated demands or unliquidated damages
  3. 3 Whether the prothonotary had jurisdiction to enter final monetary default orders

Ratio Decidendi

The Court held that the claims were for unliquidated damages and the prothonotary lacked jurisdiction to enter final monetary default judgments; therefore the default judgments and execution orders were set aside and replaced with interlocutory/default judgments for damages to be assessed. The Chambers judge's factual finding that there was no reasonable excuse for failure to defend was upheld and so the Court did not remit the matters for trial on that ground. The funds recovered remain with the respondents pending assessment; appellant ordered to pay costs of appeal $1,500.00.

Court Disposition

Appeal allowed in part: default judgments and execution orders set aside and replaced with interlocutory/default judgments for damages to be assessed; funds recovered remain with respondents; appellant to pay costs of appeal.

Orders

  • Default judgments and execution orders set aside.
  • Default judgments for damages to be assessed are to be issued in place of the set aside judgments.