Canada Case Law

Mehta v. Lally

Court

Supreme Court of British Columbia

The application to set aside the Hughes Order was dismissed because the defendant was guilty of wilful default in not attending or taking protective steps, the application was timely but the defendant failed to demonstrate a meritorious defence or provide evidence countering allegations of forged documents and non-compliance, and allowing the order to be set aside would prejudice the plaintiffs; therefore the strike order and consequential default judgment remain intact.

Source excerpt

• Setting aside default judgment
• Rule 22-7 enforcement
• Trial management conference compliance
• Service of orders
• Wilful default

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Jorgensen v. Archer Cleantech Inc.

Court

Supreme Court of British Columbia

The court conditionally struck Archer Cleantech Inc.’s response and counterclaim for discovery non-compliance, then granted default judgment unless Archer complied within 14 days.

• Striking pleadings
• Default judgment
• Document production
• Service of orders
• Examination for discovery
• Forgery allegation

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Huh v. Canada (Attorney General)

Court

Federal Court of Appeal

Because the issues were straightforward, the applicant failed to respond to the timetable and the assessment officer must neutrally assess reasonableness under the Rules and Tariff, the claimed costs as presented were reasonable and allowed: $4,611.87 plus $660.00 assessment fee for a total of $5,271.87; a certificate of assessment will issue.

Source excerpt

• Costs assessment
• Bill of costs
• Service of orders
• Removal of solicitor of record

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Desnoes & Geddes Ltd. v. Hart Breweries Ltd.

Court

Federal Court

The Federal Court adjourned a contempt hearing, required fuller particulars of the alleged contempt, and removed defence counsel subject to service requirements.

• Contempt
• Show cause order particulars
• Removal of counsel
• Service of orders
• Adjournment
• Contempt-of-court

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