Supreme Court

Decision Information

Cook v Howling

Court Supreme Court
Date 1986-01-17
Other citations [1986] NWTR 108
File numbers SC 7112
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Costa v. Sanavik Cooperative Association et al (1980) 15 C.P.C. 27 at 35;
Klein v. Schille (1921) 2 W.W.R. 78.
Decision information:

Abstract: Application to set aside default judgment - Court adopted five principles set out in the caselaw to determine whether a judgment will be set aside: 1) Application should be made as soon after the judgment has come to the knowledge of the defendant 2) Mere delay will not bar an application unless the plaintiff would suffer irreparable harm or the delay was wilful 3) Application should be supported by an affidavit setting out circumstances and disclosing a defence 4) Must show the nature of the defence 5) Any delay in bringing the application must be explained.
Decision: Application dismissed - Lengthy delay between noting in default and application to set aside - Defendant provided no explanation for delay - Defendant did not show defence on the merits to mitigate the delay.
Keywords: Default judgment - delay - irreparable injury - defence on the merits

Decision Content

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