Canada Case Law

Wen v. Tong

Court

Supreme Court of British Columbia

The orders and judgment were set aside because the court found the originating pleading was not personally served on the individual defendant (passport evidence placed him abroad on the purported service date), the response to civil claim was not filed by the defendants (signature and service address inconsistent), and the Robertson substituted service order was obtained at least in part on the false premise that defendants had filed a response after substituted service, rendering subsequent substituted service and all orders founded on it invalid and nullities; defendants granted leave to fi…

Source excerpt

• Personal service requirements
• Substituted service
• Setting aside judgments
• Dissolved company litigation (bca s.346)
• Unauthorized/forged filings
• Summary judgment

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XY, LLC v. Zhu

Court

Supreme Court of British Columbia

The court refused an adjournment and dismissed a motion to set aside default judgment, finding valid service, deliberate delay, and no meritorious defence.

• Set aside default judgment
• Service on incarcerated persons
• Adjournment and peremptory hearing
• Misuse of process
• Disclosure of source of legal fees
• Assessment of costs and uplift

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1163499 B.C. Ltd. v. Yao

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the appeal, holding that ordinary service was sufficient, the Miracle Feeds test applied, and no reversible error was shown.

• Setting aside default judgment
• Miracle feeds test
• Reconsideration under rule 22-1(3)
• Ordinary service vs actual notice
• Inherent jurisdiction to set aside judgments
• Standard of review (palpable and overriding error)

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Yeoh v. Rawat

Court

British Columbia Court of Appeal

The Court of Appeal held the notice of appeal was not properly served within the Rules, so the appeal had not been brought and the chambers order was vacated.

• Notice of appeal
• Service requirements
• Extension of time
• Stay of costs
• Vacation of order
• Notice-of-appeal

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Ural Link Ltd. v. Hennigar Trucking Limited

Court

Supreme Court of Nova Scotia

Permission to proceed by correspondence was granted; however, a bare affidavit asserting unsuccessful attempts at service was insufficient to renew the expired action under Rule 4.04(2). The plaintiff must file additional affidavit evidence demonstrating reasonable efforts to notify or otherwise engage the defendant within the first twelve months (the evidentiary threshold is low but not zero). The plaintiff was given leave to file further affidavits by October 22, 2025 and the court remains seized of the motion.

Source excerpt

• Extension of time to serve
• Renewal of expired action (rule 4.04)
• Substituted service
• Interpretation of procedural rules
• Default judgment

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VM Agritech Limited v. Smith

Court

British Columbia Court of Appeal

The Court of Appeal extended time to serve a notice of appeal after an eight-day delay caused by counsel error, and required payment of the judgment and costs into court.

• Extension of time
• Default judgment
• Service of notice of appeal
• Jurisdiction of associate judges
• S.32 court of appeal act
• Leave to appeal

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Sharp v. United States (Securities and Exchange Commission)

Court

British Columbia Court of Appeal

British Columbia Court of Appeal upheld summary judgment recognizing and enforcing a Massachusetts default judgment against Frederick Sharp, rejecting jurisdiction and natural justice challenges.

• Disgorgement
• Recognition and enforcement of foreign judgments
• Real and substantial connection
• Natural justice
• Summary judgment
• Service of process

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Shahrokhi v. Yazdani

Court

Supreme Court of British Columbia

The court dismissed the defendants’ application after non-appearance, declared the personal defendant properly served, and awarded special costs to be assessed.

• Default judgment
• Dismissal for non‑appearance
• Declaration of proper service
• Special costs awarded to be assessed
• Leave to apply to set aside orders
• Civil-procedure

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Arbutus Capital Leasing Ltd. v. 1265644 B.C. Ltd.

Court

Supreme Court of British Columbia

The court set aside a default judgment against Zhao Shanyi, found service had not been proved, accepted the application was timely, and allowed a defence.

• Setting aside default judgment
• Service validation
• Meritorious defence
• Breach of contract
• Frustration of contract
• Unconscionability

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Harbour Authority of Old Perlican v. Boyd Squires

Court

Federal Court

The Federal Court dismissed an ex parte motion for default judgment because personal service of the statement of claim was not proven and key documents were missing.

• Default judgment
• Personal service of originating process
• Motion record requirements
• Discretionary relief
• Evidence threshold - balance of probabilities
• Default-judgment

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