Poznekoff v. Binning

Poznekoff v. Binning

Because the amended statement of claim was incoherent and did not disclose an identifiable triable cause, damages could not be assessed on the default; the appropriate course was to set aside the default judgment and grant the plaintiff leave to file a properly pleaded amended statement of claim so the liability and damages issues can be litigated on the merits.

Citation
2000 BCCA 155
Parties
PLAINTIFF (appellant): ANNA POZNEKOFF; DEFENDANT (respondent): GORDON BINNING
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
29 February 2000
Procedural Posture
Civil Appeal (tort: Alleged Defamation/interference) / Appeal From Supreme Court of British Columbia Order on Assessment of Damages and Default Judgment
Outcome
Appeal allowed in part: default judgment set aside; plaintiff granted leave to file an amended statement of claim as counsel may advise within 60 days; order that the trial judge was seized set aside; costs in the cause.
Legal Topics
Default Judgment, Setting Aside Default Judgment, Pleadings Amendment, Strike Out for No Reasonable Cause of Action, Assessment of Damages, Leave to Amend Statement of Claim
Source Language
English
Tort Civil Procedure Defamation Default Judgment Setting Aside Default Judgment Pleadings Amendment Strike Out for No Reasonable Cause of Action Assessment of Damages +1 more

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Parties

ANNA POZNEKOFF

PLAINTIFF (appellant)

GORDON BINNING

DEFENDANT (respondent)

Procedural Posture

Civil Appeal (tort: Alleged Defamation/interference) / Appeal From Supreme Court of British Columbia Order on Assessment of Damages and Default Judgment

Legal Issues

  1. 1 Whether a default judgment could be relied on to permit a mechanical assessment of damages when the pleadings do not disclose a triable cause of action
  2. 2 Whether the defective/amorphous pleadings disclose any actionable cause of action
  3. 3 Whether damages can be assessed on the face of unintelligible or unparticularized pleadings

Ratio Decidendi

Because the amended statement of claim was incoherent and did not disclose an identifiable triable cause, damages could not be assessed on the default; the appropriate course was to set aside the default judgment and grant the plaintiff leave to file a properly pleaded amended statement of claim so the liability and damages issues can be litigated on the merits.

Court Disposition

Appeal allowed in part: default judgment set aside; plaintiff granted leave to file an amended statement of claim as counsel may advise within 60 days; order that the trial judge was seized set aside; costs in the cause.

Orders

  • Default judgment entered March 18, 1993 is set aside.
  • Plaintiff is granted leave to file an amended Statement of Claim as counsel may advise within 60 days from the date of this judgment if she wishes.