Muise v. MJM Energy Ltd.

Muise v. MJM Energy Ltd.

The defendant failed to show any steps were taken between service and the appearance date to obtain counsel or file a defence, and therefore did not establish a 'reasonable excuse' under s.23(2) of the Small Claims Court Act; accordingly the application to set aside the Quick Judgment is dismissed.

Citation
2019 NSSM 60
Parties
CLAIMANT: Shana Muise; DEFENDANT: MJM Energy Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 November 2019
Procedural Posture
Small Claims Court / Application to Set Aside Quick Judgment Decision Rendered
Outcome
Application dismissed; Quick Judgment not set aside.
Legal Topics
Setting Aside Judgment, Default/quick Judgment, Reasonable Excuse, Service of Process, Adjournment
Source Language
English
Civil Procedure Small Claims Setting Aside Judgment Default/quick Judgment Reasonable Excuse Service of Process Adjournment

Case Brief

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Parties

Shana Muise

CLAIMANT

MJM Energy Ltd.

DEFENDANT

Procedural Posture

Small Claims Court / Application to Set Aside Quick Judgment Decision Rendered

Legal Issues

  1. 1 Whether the defendant had a reasonable excuse for failing to file a defence within the time required
  2. 2 Whether the Quick Judgment should be set aside

Ratio Decidendi

The defendant failed to show any steps were taken between service and the appearance date to obtain counsel or file a defence, and therefore did not establish a 'reasonable excuse' under s.23(2) of the Small Claims Court Act; accordingly the application to set aside the Quick Judgment is dismissed.

Court Disposition

Application dismissed; Quick Judgment not set aside.

Orders

  • Application to set aside Quick Judgment dismissed; Quick Judgment remains in force.