Bank of Nova Scotia v. Howes

Bank of Nova Scotia v. Howes

The motion is dismissed because the defendant admitted using the accounts and the claimed amount, failed to demonstrate a fairly arguable defence or a reasonable excuse for not filing a defence; legal inexperience alone was insufficient to set aside the default judgment.

Citation
2012 NSSC 60
Parties
Plaintiff/respondent: The Bank of Nova Scotia; Defendant/applicant: Ashley Howes
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 February 2012
Procedural Posture
Debt Recovery (line of Credit and Credit Card) / Motion to Set Aside Default Judgment Under Civil Procedure Rule 8.09
Outcome
Motion to set aside default judgment dismissed; execution stay denied; costs awarded to plaintiff.
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Reasonable Excuse, Defence, Costs
Source Language
English
Civil Procedure Debt Recovery Contract Law Default Judgment Setting Aside Judgment Service of Process Reasonable Excuse Defence +1 more

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Parties

The Bank of Nova Scotia

Plaintiff/respondent

Ashley Howes

Defendant/applicant

Procedural Posture

Debt Recovery (line of Credit and Credit Card) / Motion to Set Aside Default Judgment Under Civil Procedure Rule 8.09

Legal Issues

  1. 1 Whether the defendant has a fairly arguable defence or a serious issue to be tried
  2. 2 Whether the defendant has a reasonable excuse for failing to file a defence
  3. 3 Whether the default judgment should be set aside and execution stayed

Ratio Decidendi

The motion is dismissed because the defendant admitted using the accounts and the claimed amount, failed to demonstrate a fairly arguable defence or a reasonable excuse for not filing a defence; legal inexperience alone was insufficient to set aside the default judgment.

Court Disposition

Motion to set aside default judgment dismissed; execution stay denied; costs awarded to plaintiff.

Orders

  • Motion to set aside the default judgment dismissed
  • Stay of execution order denied