Marida Holdings Ltd. v. Wang

Marida Holdings Ltd. v. Wang

The Court held that the substitutional service order granted by the chambers judge conferred standing on the respondent to apply under R.22-1(3); the chambers judge correctly applied the three Ibrahim factors and reasonably found the respondent was not guilty of willful delay or default, so there was no palpable and overriding error of fact or legal error in setting aside the damages assessment and default judgment (the default judgment was properly set aside under R.3-8(11)).

Citation
2026 BCCA 104
Parties
Appellant (plaintiff): Marida Holdings Ltd.; Appellant (plaintiff): Shannon Marie MacKenzie; Appellant (plaintiff): Marilyn Ethel Anderson; Appellant (plaintiff): Heather Anderson; Respondent (defendant): Li Min Wang
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
12 March 2026
Procedural Posture
Civil Appeal From Chambers Orders Arising From a Contract/purchase and Sale Dispute / Court of Appeal Determination on Appeal From Supreme Court of British Columbia Chambers Judge Order Setting Aside Default Judgment and Damages Assessment
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Damages Assessment, Substitutional Service, Service of Process, Set Aside Under R.22 1(3), Set Aside Under R.3 8(11)
Source Language
English
Civil Procedure Contract Law Property Law Appeal Default Judgment Damages Assessment Substitutional Service Service of Process +2 more

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Parties

Marida Holdings Ltd.

Appellant (plaintiff)

Shannon Marie MacKenzie

Appellant (plaintiff)

Marilyn Ethel Anderson

Appellant (plaintiff)

Heather Anderson

Appellant (plaintiff)

Li Min Wang

Respondent (defendant)

Procedural Posture

Civil Appeal From Chambers Orders Arising From a Contract/purchase and Sale Dispute / Court of Appeal Determination on Appeal From Supreme Court of British Columbia Chambers Judge Order Setting Aside Default Judgment and Damages Assessment

Legal Issues

  1. 1 Whether Rule 22-1(3) permits setting aside a damages assessment where the defendant was not a party of record but was served substitutionally
  2. 2 Whether the chambers judge erred in finding the respondent was not guilty of willful delay or default
  3. 3 Whether the chambers judge misapplied facts or took judicial notice improperly regarding access to email in China

Ratio Decidendi

The Court held that the substitutional service order granted by the chambers judge conferred standing on the respondent to apply under R.22-1(3); the chambers judge correctly applied the three Ibrahim factors and reasonably found the respondent was not guilty of willful delay or default, so there was no palpable and overriding error of fact or legal error in setting aside the damages assessment and default judgment (the default judgment was properly set aside under R.3-8(11)).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order of the chambers judge setting aside the damages assessment under R.22-1(3) and the default judgment under R.3-8(11) is affirmed