Wilson Equipment Limited v. Simpson

Wilson Equipment Limited v. Simpson

Adjudicator found the defendant had a reasonable excuse under s.23(2)(a) based on prompt engagement of counsel via delegation to his brother, an honest mistaken email address, timely efforts once the default was discovered, an arguable defence under the Sale of Goods Act, and absence of prejudice to the claimant; exercise of discretion therefore set aside the Quick Judgment and ordered a hearing.

Citation
2018 NSSM 16
Parties
Claimant: Wilson Equipment Limited; Defendant: Dawson E. Simpson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 March 2018
Procedural Posture
Small Claims Court Claim / Motion to Set Aside Quick Judgment (s.23(2) Small Claims Court Act)
Outcome
Quick Judgment set aside; claim ordered for hearing
Legal Topics
Setting Aside Default/quick Judgment, Reasonable Excuse, Natural Justice, Service and Delegation/agency
Source Language
English
Civil Procedure Contract Law Sale of Goods Act Administrative Law Setting Aside Default/quick Judgment Reasonable Excuse Natural Justice Service and Delegation/agency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wilson Equipment Limited

Claimant

Dawson E. Simpson

Defendant

Procedural Posture

Small Claims Court Claim / Motion to Set Aside Quick Judgment (s.23(2) Small Claims Court Act)

Legal Issues

  1. 1 Whether the defendant had a "reasonable excuse" under s.23(2)(a) for failing to file a defence
  2. 2 Whether the defendant demonstrated an arguable/plausible defence
  3. 3 Whether the claimant would be prejudiced by setting aside the Quick Judgment

Ratio Decidendi

Adjudicator found the defendant had a reasonable excuse under s.23(2)(a) based on prompt engagement of counsel via delegation to his brother, an honest mistaken email address, timely efforts once the default was discovered, an arguable defence under the Sale of Goods Act, and absence of prejudice to the claimant; exercise of discretion therefore set aside the Quick Judgment and ordered a hearing.

Court Disposition

Quick Judgment set aside; claim ordered for hearing

Orders

  • Quick Judgment Order dated November 21, 2017 set aside
  • Claim set down for hearing; parties to consult and advise adjudicator/clerk on timing