J.V.V. v. D.H.L.

J.V.V. v. D.H.L.

The application to set aside the final order was dismissed because the respondent's failure to attend trial was wilful (he had notice and made a choice not to attend), no appeal had been filed so a stay could not be entertained, and the court is functus once a final order is entered after a full trial; therefore the final order remains in force.

Citation
2018 BCSC 262
Parties
Claimant: J.V.V.; Respondent: D.H.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 February 2018
Procedural Posture
Family Law Parenting, Guardianship and Support / Post Trial Application to Set Aside Judgment Obtained in Absence (post Judgment)
Outcome
Application to set aside judgment dismissed; final order not set aside; no stay granted; court functus
Legal Topics
Set Aside Judgment for Absence, Stay of Order, Failure to Attend Trial, Wilful Default, Functus
Source Language
English
Family Law Procedural Law Child Custody and Guardianship Support Set Aside Judgment for Absence Stay of Order Failure to Attend Trial Wilful Default +1 more

Case Brief

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Parties

J.V.V.

Claimant

D.H.L.

Respondent

Procedural Posture

Family Law Parenting, Guardianship and Support / Post Trial Application to Set Aside Judgment Obtained in Absence (post Judgment)

Legal Issues

  1. 1 Whether the final order should be stayed without an appeal filed
  2. 2 Whether the judgment obtained at trial in the respondent's absence should be set aside under Rule 21-6(3)
  3. 3 Whether the respondent's failure to attend was wilful or excusable

Ratio Decidendi

The application to set aside the final order was dismissed because the respondent's failure to attend trial was wilful (he had notice and made a choice not to attend), no appeal had been filed so a stay could not be entertained, and the court is functus once a final order is entered after a full trial; therefore the final order remains in force.

Court Disposition

Application to set aside judgment dismissed; final order not set aside; no stay granted; court functus

Orders

  • Application to set aside the judgment dismissed
  • Final trial order remains in force and is not stayed