Willey v. Ronik Security Ltd. et al.

Willey v. Ronik Security Ltd. et al.

Although the defendant demonstrated a defence worthy of investigation, the court found the defendant failed to satisfy the first two branches of the Miracle Feeds test: the evidence of the claims specialist was inconsistent and inadequate to show the failure to appear was not wilful, and the explanations for delay...

Source-derived case information.

Citation
2006 BCSC 1003
Parties
Plaintiff: Ron Willey; Defendant: Ronik Security Ltd.; Defendant: Voxcom Incorporated
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 January 2006
Procedural Posture
Civil Action (damages) / Application to Set Aside Default Judgment
Outcome
application to set aside default judgment dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Appearance and Defence, Settlement Negotiations, Delay and Wilfulness, Meritorious Defence
Source Language
english
Civil Procedure Insurance Law Tort (negligence) Default Judgment Setting Aside Judgment Appearance and Defence Settlement Negotiations Delay and Wilfulness +1 more

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Parties

Ron Willey

Plaintiff

Ronik Security Ltd.

Defendant

Voxcom Incorporated

Defendant

Procedural Posture

Civil Action (damages) / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether failure to enter an appearance was wilful or deliberate
  2. 2 Whether application to set aside default judgment was made promptly or a satisfactory explanation for delay was given
  3. 3 Whether the defendant has a meritorious defence worthy of investigation

Ratio Decidendi

Although the defendant demonstrated a defence worthy of investigation, the court found the defendant failed to satisfy the first two branches of the Miracle Feeds test: the evidence of the claims specialist was inconsistent and inadequate to show the failure to appear was not wilful, and the explanations for delay (including alleged agreement to set aside) were not credibly supported; accordingly the application to set aside the default judgment was dismissed.

Court Disposition

application to set aside default judgment dismissed

Orders

  • Application to set aside the default judgment dismissed