ICBC v. Le

ICBC v. Le

The chambers judge properly applied the established Miracle Feeds criteria and related authorities, gave legitimate weight to the risk of a miscarriage of justice given language barriers, and lawfully exercised discretion in conditioning the setting aside of default judgments on payment of costs and the retention in trust of executed funds; therefore leave to appeal was not warranted.

Citation
1999 BCCA 718
Parties
Appellant/plaintiff: Insurance Corporation of British Columbia; Respondents/defendants: Teo Le et al.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
25 November 1999
Procedural Posture
Civil Application for Leave to Appeal From Chambers Decision / Application for Leave to Appeal From Decision Setting Aside Default Judgments
Outcome
Application for leave to appeal dismissed
Legal Topics
Setting Aside Default Judgment, Service of Process, Language Barriers and Translation, Discretionary Costs Orders, Trust of Execution Funds
Source Language
English
Civil Procedure Insurance Law Fraud Costs and Execution Setting Aside Default Judgment Service of Process Language Barriers and Translation Discretionary Costs Orders +1 more

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Parties

Insurance Corporation of British Columbia

Appellant/plaintiff

Teo Le et al.

Respondents/defendants

Procedural Posture

Civil Application for Leave to Appeal From Chambers Decision / Application for Leave to Appeal From Decision Setting Aside Default Judgments

Legal Issues

  1. 1 Whether the chambers judge properly applied the Miracle Feeds test when setting aside default judgments
  2. 2 Whether the chambers judge properly applied Lin v. Tang when setting aside the default judgments
  3. 3 Whether it was proper to order the defendants to pay the plaintiff's actual costs as a condition of setting aside the default judgments

Ratio Decidendi

The chambers judge properly applied the established Miracle Feeds criteria and related authorities, gave legitimate weight to the risk of a miscarriage of justice given language barriers, and lawfully exercised discretion in conditioning the setting aside of default judgments on payment of costs and the retention in trust of executed funds; therefore leave to appeal was not warranted.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed