A. Brown Forest Products Limited v. Fraser

A. Brown Forest Products Limited v. Fraser

The application to set aside is denied because the defendant failed to demonstrate a reasonable excuse for his default (forgetting the hearing) despite timely appearance after learning of the order; adjudicator has jurisdiction to hear set-aside applications but the statutory and jurisprudential requirements (reasonable excuse and promptness) were not met here.

Citation
2017 NSSM 92
Parties
Claimant: A. Brown Forest Products Limited; Defendant: Paul Barry Fraser
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 May 2017
Procedural Posture
Small Claims Court Civil (contract/unjust Enrichment) / Application to Set Aside Post Judgment (set Aside Application)
Outcome
Application to set aside denied; original judgment dated March 30, 2017 upheld.
Legal Topics
Set Aside, Default Judgment, Service of Process, Quick Judgment, Reasonable Excuse, Natural Justice, Breach of Contract
Source Language
English
Contract Civil Procedure Small Claims Court Equity (unjust Enrichment) Set Aside Default Judgment Service of Process Quick Judgment +3 more

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Parties

A. Brown Forest Products Limited

Claimant

Paul Barry Fraser

Defendant

Procedural Posture

Small Claims Court Civil (contract/unjust Enrichment) / Application to Set Aside Post Judgment (set Aside Application)

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to hear an application to set aside an order made in the defendant's absence
  2. 2 Whether the defendant had a reasonable excuse for failing to file a defence or attend the hearing
  3. 3 Whether the defendant appeared without unreasonable delay after learning of the order

Ratio Decidendi

The application to set aside is denied because the defendant failed to demonstrate a reasonable excuse for his default (forgetting the hearing) despite timely appearance after learning of the order; adjudicator has jurisdiction to hear set-aside applications but the statutory and jurisprudential requirements (reasonable excuse and promptness) were not met here.

Court Disposition

Application to set aside denied; original judgment dated March 30, 2017 upheld.

Orders

  • Application by Paul Barry Fraser to set aside the Order dated March 30, 2017 is denied.
  • Order dated March 30, 2017 is maintained.