Pike v. Simms

Pike v. Simms

The application is denied because the Court was functus officio after conducting a proper default hearing and entering judgment, and alternatively the defendant failed to show a reasonable excuse and did not proceed without unreasonable delay under s.23 of the Small Claims Court Act.

Citation
2014 NSSM 55
Parties
Claimant: Paul Pike; Defendant: Myles Simms
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 November 2014
Procedural Posture
Small Claims Court / Application to Set Aside Order (post Judgment)
Outcome
Application to set aside denied; original judgment remains in force
Legal Topics
Set Aside Order, Default Judgment, Service of Process, Execution/garnishment, Functus Officio
Source Language
English
Civil Procedure Contract Law Small Claims Set Aside Order Default Judgment Service of Process Execution/garnishment Functus Officio

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Parties

Paul Pike

Claimant

Myles Simms

Defendant

Procedural Posture

Small Claims Court / Application to Set Aside Order (post Judgment)

Legal Issues

  1. 1 Whether an order entered in the defendant's absence can be set aside under s.23 of the Small Claims Court Act
  2. 2 Whether the defendant had a reasonable excuse for failing to file a defence or appear
  3. 3 Whether the defendant acted without unreasonable delay after learning of the order

Ratio Decidendi

The application is denied because the Court was functus officio after conducting a proper default hearing and entering judgment, and alternatively the defendant failed to show a reasonable excuse and did not proceed without unreasonable delay under s.23 of the Small Claims Court Act.

Court Disposition

Application to set aside denied; original judgment remains in force

Orders

  • Application to set aside is denied.
  • Original order dated May 23, 2014 for $1819.80 remains in force and shall be enforced; execution previously issued stands.