Ocean Contractors Ltd. v. Shoreline Paving Ltd.

The application was dismissed because the applicant failed to establish a reasonable excuse for his delay and willfully avoided service; even if an arguable defence might exist, failure on the second prong of the two‑part test required dismissal.

Citation: 2007 NSSC 342
Parties: Plaintiff/respondent: Ocean Contractors Limited; Defendant/applicant: Shoreline Paving Ltd.; Defendant/applicant: Stephen Doucet
Court: Supreme Court of Nova Scotia
Jurisdiction: Canada
Judgment Date: 27 November 2007
Procedural Posture: Civil Application to Set Aside Default Judgment / Application Heard and Dismissed (decision)
Outcome: Application to set aside default judgment dismissed
Legal Topics: Default Judgment, Setting Aside Judgment, Service of Process, Delay in Responding, Costs
Source Language: English

Civil Procedure Contract Law Judgment Enforcement Default Judgment Setting Aside Judgment Service of Process Delay in Responding Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Ocean Contractors Limited

Plaintiff/respondent

Shoreline Paving Ltd.

Defendant/applicant

Stephen Doucet

Defendant/applicant

Procedural Posture

Civil Application to Set Aside Default Judgment / Application Heard and Dismissed (decision)

Legal Issues

1 Whether the default judgment should be set aside
2 Whether the applicant has an arguable defence or serious issue to be tried
3 Whether the applicant has a reasonable excuse for delay in filing a defence

Ratio Decidendi

Court Disposition

Application to set aside default judgment dismissed

Orders

Application dismissed
Costs awarded to respondent in the amount of $750