Soucie Construction Ltd. v. Progressive Ventures Construction Ltd.

Soucie Construction Ltd. v. Progressive Ventures Construction Ltd.

The application to set aside the default judgment is dismissed because PVC failed to establish that the NOCC did not come to the attention of responsible persons (its explanation was implausible and blameworthy) and failed to adduce admissible, direct evidence of a meritorious defence; therefore it did not satisfy...

Source-derived case information.

Citation
2025 BCSC 1135
Parties
Plaintiff: Soucie Construction Ltd.; Defendant: Progressive Ventures Construction Ltd.; Defendant: Newcrest Red Chris Mining Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 June 2025
Procedural Posture
Contract Debt Recovery / Construction Supply / Application to Set Aside Default Judgment (rule 3 8 and Rule 4 7) — Application Dismissed
Outcome
Application dismissed; Default Judgment maintained.
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Garnishment, Rule 4 7, Rule 3 8
Source Language
english
Civil Procedure Contract Debt Recovery Construction Law Default Judgment Service of Process Setting Aside Judgment Garnishment +2 more

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Parties

Soucie Construction Ltd.

Plaintiff

Progressive Ventures Construction Ltd.

Defendant

Newcrest Red Chris Mining Ltd.

Defendant

Procedural Posture

Contract Debt Recovery / Construction Supply / Application to Set Aside Default Judgment (rule 3 8 and Rule 4 7) — Application Dismissed

Legal Issues

  1. 1 Whether properly served NOCC came to defendant's attention under Rule 4-7(1)
  2. 2 Whether defendant's failure to file a response was wilful or deliberate
  3. 3 Whether defendant has a meritorious defence worthy of investigation

Ratio Decidendi

The application to set aside the default judgment is dismissed because PVC failed to establish that the NOCC did not come to the attention of responsible persons (its explanation was implausible and blameworthy) and failed to adduce admissible, direct evidence of a meritorious defence; therefore it did not satisfy the relevant factors under Rule 4-7(1) and the Miracle Feeds considerations and relief is not in the interests of justice.

Court Disposition

Application dismissed; Default Judgment maintained.

Orders

  • Default Judgment for $219,803.73 entered October 30, 2024 is maintained.
  • Court order interest of $20,741.35 remains payable.