BCI Bulkhaul Carriers Inc. v. Aujla Trucking Ltd.

BCI Bulkhaul Carriers Inc. v. Aujla Trucking Ltd.

The chambers judge correctly applied the Miracle Feeds framework, reasonably accepted the defendant's evidence that the notice was not received due to a mailing error and that the defendant had an arguable meritorious defence; appellate deference to those fact findings required dismissal of the appeal and upholding of the order setting aside the default judgment.

Citation
2015 BCCA 411
Parties
Appellant (plaintiff): BCI Bulkhaul Carriers Inc.; Respondent (defendant): Aujla Trucking Ltd.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
28 September 2015
Procedural Posture
Civil Appeal / Appeal From Chambers Judge Order Setting Aside Default Judgment
Outcome
Appeal dismissed; order setting aside default judgment upheld
Legal Topics
Setting Aside Default Judgment, Service of Process, Miracle Feeds Test, Oral Rental Agreement, Meritorious Defence
Source Language
English
Civil Procedure Contract Law Setting Aside Default Judgment Service of Process Miracle Feeds Test Oral Rental Agreement Meritorious Defence

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

BCI Bulkhaul Carriers Inc.

Appellant (plaintiff)

Aujla Trucking Ltd.

Respondent (defendant)

Procedural Posture

Civil Appeal / Appeal From Chambers Judge Order Setting Aside Default Judgment

Legal Issues

  1. 1 Whether the chambers judge erred in setting aside a default judgment
  2. 2 Admissibility and sufficiency of the accountant's affidavit concerning service
  3. 3 Whether the defendant demonstrated a meritorious defence worthy of investigation

Ratio Decidendi

The chambers judge correctly applied the Miracle Feeds framework, reasonably accepted the defendant's evidence that the notice was not received due to a mailing error and that the defendant had an arguable meritorious defence; appellate deference to those fact findings required dismissal of the appeal and upholding of the order setting aside the default judgment.

Court Disposition

Appeal dismissed; order setting aside default judgment upheld

Orders

  • Order setting aside default judgment upheld
  • Costs awarded to respondent on the standard basis