Johal v. RK Olympic Development Ltd.

Johal v. RK Olympic Development Ltd.

The Court of Appeal held that the chambers judge permissibly found on the affidavit material that the Miracle Feeds tests were met (no wilful default established, reasonably prompt step to set aside, and a defence worthy of investigation) and that, weighing prejudice and the interests of justice, the default judgment should be set aside; therefore the appeal was dismissed.

Citation
2010 BCCA 379
Parties
Appellant (plaintiff): Satnam Johal; Respondent (defendant): RK Olympic Development Ltd.; Respondent (defendant): Raj Kumar Arora; Respondent (defendant): Rajesh Gupta; Respondent (defendant): Costa Penn; Respondent (defendant): Karamjeet Bhangoo
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
12 August 2010
Procedural Posture
Claim in Debt (commercial Property Development) / Appeal to Court of Appeal From Supreme Court Chambers Order Setting Aside Default Judgment
Outcome
Appeal dismissed; order setting aside default judgment upheld
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Wilful Default, Meritorious Defence, Interests of Justice, Evidentiary Sufficiency
Source Language
English
Civil Commercial Law Civil Procedure Appeal Default Judgment Setting Aside Judgment Service of Process Wilful Default +3 more

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Parties

Satnam Johal

Appellant (plaintiff)

RK Olympic Development Ltd.

Respondent (defendant)

Raj Kumar Arora

Respondent (defendant)

Rajesh Gupta

Respondent (defendant)

Costa Penn

Respondent (defendant)

Karamjeet Bhangoo

Respondent (defendant)

Procedural Posture

Claim in Debt (commercial Property Development) / Appeal to Court of Appeal From Supreme Court Chambers Order Setting Aside Default Judgment

Legal Issues

  1. 1 Whether the defendants wilfully or deliberately failed to enter an appearance or file a defence
  2. 2 Whether the application to set aside the default judgment was brought promptly or delay adequately explained
  3. 3 Whether the defendants have a meritorious defence worthy of investigation

Ratio Decidendi

The Court of Appeal held that the chambers judge permissibly found on the affidavit material that the Miracle Feeds tests were met (no wilful default established, reasonably prompt step to set aside, and a defence worthy of investigation) and that, weighing prejudice and the interests of justice, the default judgment should be set aside; therefore the appeal was dismissed.

Court Disposition

Appeal dismissed; order setting aside default judgment upheld

Orders

  • Appeal dismissed