Canadian Imperial Bank of Commerce v. Darmantchev

Canadian Imperial Bank of Commerce v. Darmantchev

The judge correctly applied the Miracle Feeds test and found the appellants' failures to file defences were intentional and there was no defence worthy of investigation; those findings justified dismissal of the application to set aside the default judgments and dismissal of the appeal.

Citation
2010 BCCA 247
Parties
Respondent (plaintiff): Canadian Imperial Bank of Commerce; Appellant (defendant): Pavel N. Darmantchev; Appellant (defendant): Anna Darmantchev
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
13 May 2010
Procedural Posture
Civil Appeal (set Aside Default Judgment) / Appeal From Supreme Court of British Columbia Order Dismissing Application to Set Aside Default Judgments
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Judicial Bias, Jurisdiction/registry
Source Language
English
Civil Procedure Debt Recovery Appeal Contract Default Judgment Setting Aside Judgment Service of Process Judicial Bias +1 more

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Parties

Canadian Imperial Bank of Commerce

Respondent (plaintiff)

Pavel N. Darmantchev

Appellant (defendant)

Anna Darmantchev

Appellant (defendant)

Procedural Posture

Civil Appeal (set Aside Default Judgment) / Appeal From Supreme Court of British Columbia Order Dismissing Application to Set Aside Default Judgments

Legal Issues

  1. 1 Whether the failure to file appearance or defence was wilful or deliberate
  2. 2 Whether the application to set aside default judgment was made promptly or delay explained
  3. 3 Whether there was a defence worthy of investigation

Ratio Decidendi

The judge correctly applied the Miracle Feeds test and found the appellants' failures to file defences were intentional and there was no defence worthy of investigation; those findings justified dismissal of the application to set aside the default judgments and dismissal of the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed