What is the test to set aside a default judgment?

British Columbia, Canada


The following excerpt is from Piercy v. Pauls, 2008 BCSC 1011 (CanLII):

The test to be applied was laid down in Miracle Feeds v. D. & H. Enterprises Ltd. (1979), 10 B.C.L.R. P 58, [1979] B.C.J. No. 1965 at para. 5: [I]n order for a defendant to succeed on an application to set aside a default judgment, he must show: 1. That he did not wilfully or deliberately fail to enter an appearance or file a defence to the plaintiff’s claim; 2. That he made application to set aside the default judgment as soon as reasonably possible after obtaining knowledge of the default judgment, or give an explanation for any delay in the application being brought; 3. That he has a meritorious defence or at least a defence worthy of investigation; and 4. That the foregoing requirements will be established to the satisfaction of the court through affidavit material filed on behalf of the defendant.

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