Crazy Greek Chick Foods Limited v. Chakroborty

Crazy Greek Chick Foods Limited v. Chakroborty

The appeal is dismissed because the chambers judge did not misapply the Miracle Feeds test, reasonably accepted the respondent's affidavit as disclosing a defence worthy of investigation given the oral contract and disputed facts, and there was no reasonable apprehension of bias; no palpable and overriding error...

Source-derived case information.

Citation
2026 BCCA 204
Parties
Appellant (plaintiff): Crazy Greek Chick Foods Limited; Appellant (plaintiff): Zoe Caverly; Respondent (defendant): Shounak Chakroborty (aka Roop Chakroborty); Respondent (defendant): Marcel Schmitt; Respondent (defendant): Sabrina Schmitt; Respondent (defendant): Monika Schmitt
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
6 May 2026
Procedural Posture
Civil Appeal From Chambers Order Setting Aside Default Judgment and Granting Extension of Time / Court of Appeal Judgment (appeal Heard and Disposed)
Outcome
Appeal dismissed; chambers order setting aside default judgment and granting leave to file a response affirmed
Legal Topics
Setting Aside Default Judgment, Meritorious Defence, Procedural Fairness, Reasonable Apprehension of Bias, Extension of Time, Miracle Feeds Test
Source Language
english
Civil Procedure Contract Law Appeals Setting Aside Default Judgment Meritorious Defence Procedural Fairness Reasonable Apprehension of Bias Extension of Time +1 more

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Parties

Crazy Greek Chick Foods Limited

Appellant (plaintiff)

Zoe Caverly

Appellant (plaintiff)

Shounak Chakroborty (aka Roop Chakroborty)

Respondent (defendant)

Marcel Schmitt

Respondent (defendant)

Sabrina Schmitt

Respondent (defendant)

Monika Schmitt

Respondent (defendant)

Procedural Posture

Civil Appeal From Chambers Order Setting Aside Default Judgment and Granting Extension of Time / Court of Appeal Judgment (appeal Heard and Disposed)

Legal Issues

  1. 1 Whether the chambers judge misapplied the legal test for setting aside a default judgment (Miracle Feeds)
  2. 2 Whether there was sufficient evidentiary basis for a meritorious defence or a defence worthy of investigation
  3. 3 Whether the chambers hearing was procedurally unfair or gave rise to a reasonable apprehension of bias

Ratio Decidendi

The appeal is dismissed because the chambers judge did not misapply the Miracle Feeds test, reasonably accepted the respondent's affidavit as disclosing a defence worthy of investigation given the oral contract and disputed facts, and there was no reasonable apprehension of bias; no palpable and overriding error warranted appellate intervention.

Court Disposition

Appeal dismissed; chambers order setting aside default judgment and granting leave to file a response affirmed

Orders

  • Appeal dismissed
  • Order of the Supreme Court setting aside the default judgment is affirmed