B. v. B.

B. v. B.

The chambers judge was correct to refuse to set aside the default judgment: the appellant's failure to file a statement of defence was properly inferred to be deliberate, the appellant failed to adequately explain the extensive delay in applying to set aside the judgment, and he did not demonstrate a defence sufficiently meritorious in the circumstances; accordingly the appeal is dismissed and the default judgment stands subject to assessment of damages and case management directions.

Citation
2005 BCCA 407
Parties
Respondent (plaintiff): B. B.; Appellant (defendant): M. B., a.k.a. M. B.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
9 August 2005
Procedural Posture
Civil Tort (personal Abuse) / Appeal From Chambers Decision on Application to Set Aside Default Judgment
Outcome
Appeal dismissed; chambers order refusing to set aside default judgment affirmed
Legal Topics
Setting Aside Default Judgment, Default Judgment Under Rule 25, Assessment of Damages, Causation, Limitation Defence, Residual Judicial Discretion
Source Language
English
Civil Procedure Tort Child Abuse Appeal Setting Aside Default Judgment Default Judgment Under Rule 25 Assessment of Damages Causation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

B. B.

Respondent (plaintiff)

M. B., a.k.a. M. B.

Appellant (defendant)

Procedural Posture

Civil Tort (personal Abuse) / Appeal From Chambers Decision on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside under Rule 25
  2. 2 Whether the defendant's failure to file a statement of defence was deliberate
  3. 3 Whether the delay in applying to set aside the judgment was adequately explained

Ratio Decidendi

The chambers judge was correct to refuse to set aside the default judgment: the appellant's failure to file a statement of defence was properly inferred to be deliberate, the appellant failed to adequately explain the extensive delay in applying to set aside the judgment, and he did not demonstrate a defence sufficiently meritorious in the circumstances; accordingly the appeal is dismissed and the default judgment stands subject to assessment of damages and case management directions.

Court Disposition

Appeal dismissed; chambers order refusing to set aside default judgment affirmed

Orders

  • Appeal dismissed
  • Chambers order of 17 December 2004 refusing to set aside the default judgment is upheld