Deline v. Whittle

Deline v. Whittle

Leave to appeal was refused because the chambers judge did not misapply the established test for setting aside a default judgment and properly concluded the defendant had shown matters of sufficient merit worthy of investigation given the ongoing arbitration; hence appellate intervention was not appropriate.

Citation
2002 BCCA 437
Parties
Plaintiff/appellant: TONI E. DELINE; Defendant/respondent: VERNON NORMAN WHITTLE
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
25 July 2002
Procedural Posture
Leave to Appeal (interlocutory) / Application for Leave to Appeal From Chambers Order Setting Aside Default Judgment
Outcome
Leave to appeal refused; application dismissed.
Legal Topics
Setting Aside Default Judgment, Stay of Proceedings, Arbitration Clause Enforcement, Meritorious Defence, Security for Costs, Striking Pleadings
Source Language
English
Arbitration Civil Procedure Contract Law Appeal Setting Aside Default Judgment Stay of Proceedings Arbitration Clause Enforcement Meritorious Defence +2 more

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Parties

TONI E. DELINE

Plaintiff/appellant

VERNON NORMAN WHITTLE

Defendant/respondent

Procedural Posture

Leave to Appeal (interlocutory) / Application for Leave to Appeal From Chambers Order Setting Aside Default Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted from an order setting aside a default judgment
  2. 2 Whether the defendant met the test to set aside a default judgment (non‑wilful failure to appear, promptness of application, meritorious defence)
  3. 3 Whether ongoing arbitration proceedings warranted staying or dismissing court proceedings

Ratio Decidendi

Leave to appeal was refused because the chambers judge did not misapply the established test for setting aside a default judgment and properly concluded the defendant had shown matters of sufficient merit worthy of investigation given the ongoing arbitration; hence appellate intervention was not appropriate.

Court Disposition

Leave to appeal refused; application dismissed.

Orders

  • Leave to appeal refused
  • Application dismissed