What factors are required to set aside a default judgment?

British Columbia, Canada


The following excerpt is from 289012 B.C. Ltd. v. Island Industrial Insulation Ltd., 1997 CanLII 4325 (BC SC):

I set aside the default judgment relying on the factors spoken of by Hinds C.C.J. (as he then was) in Miracle Feeds v. D & H Enterprises Ltd. (1979), 10 B.C.L.R. 58, at page 61: ...it appears that in order for a defendant to succeed on an application to set aside a default judgment, he must show: 1.That he did not wilfully of 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 by or on behalf of the defendant. That statement of the law has since been followed in many judgments given in this province.

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