Engler v. Dizdarevich

Engler v. Dizdarevich

Where the registrar became aware that a statement of defence was filed before the default judgment was signed, the registrar and, on referral, the master had discretion to decline to enter default judgment; the master properly exercised that discretion consistent with Rule 1(5) and the appeal by the plaintiffs was dismissed.

Citation
2003 BCSC 1314
Parties
Plaintiffs (trustees): TERRY ENGLER; JAMES MEREDITH; BRIAN E. SIMS; BRIAN SIEMENS; TED WHITE, Trustees of the B.C. Marine Industry Employee Health Benefit Plan; Defendant (beneficiary): RON DIZDAREVICH
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 August 2003
Procedural Posture
Civil Recovery of Benefits/repayment Claim / Application for Default Judgment Before Registrar/master; Appeal of Master's Refusal to Enter Default Judgment
Outcome
Trustees' appeal dismissed; master's decision declining to enter default judgment upheld; defendant ordered to file an appearance
Legal Topics
Default Judgment, Registrar Discretion, Setting Aside Default, Rules Interpretation, Summary Judgment Procedure
Source Language
English
Civil Procedure Trusts Employment/employee Benefits Personal Injury Default Judgment Registrar Discretion Setting Aside Default Rules Interpretation +1 more

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Parties

TERRY ENGLER; JAMES MEREDITH; BRIAN E. SIMS; BRIAN SIEMENS; TED WHITE, Trustees of the B.C. Marine Industry Employee Health Benefit Plan

Plaintiffs (trustees)

RON DIZDAREVICH

Defendant (beneficiary)

Procedural Posture

Civil Recovery of Benefits/repayment Claim / Application for Default Judgment Before Registrar/master; Appeal of Master's Refusal to Enter Default Judgment

Legal Issues

  1. 1 Whether the registrar or master had discretion to refuse entry of a default judgment where the plaintiff's application for default was submitted before, but signed after, the filing of a statement of defence
  2. 2 Whether the master erred in declining to grant default judgment when a statement of defence was filed after the application for default but before the judgment was signed
  3. 3 Proper procedural route where registrar becomes aware a defence or appearance was filed after an application for default

Ratio Decidendi

Where the registrar became aware that a statement of defence was filed before the default judgment was signed, the registrar and, on referral, the master had discretion to decline to enter default judgment; the master properly exercised that discretion consistent with Rule 1(5) and the appeal by the plaintiffs was dismissed.

Court Disposition

Trustees' appeal dismissed; master's decision declining to enter default judgment upheld; defendant ordered to file an appearance

Orders

  • Appeal dismissed with costs
  • Default judgment refused/declined