The appellant law firm appealed an order of a Small Claims Court Deputy Judge who dismissed the appellant's claim for unpaid legal fees, vacated a writ of seizure and sale, and awarded costs to the respondent.
The appellant had previously obtained default judgment against the respondent.
The respondent moved to set aside the default judgment, but the Deputy Judge instead struck the claim based on the Solicitors Act and the Limitations Act.
The Divisional Court held that the Deputy Judge had no jurisdiction to dismiss the claim while the default judgment stood, effectively acting as an appellate court over a fellow judge.
Furthermore, the respondent failed to provide a reasonable explanation for the delay in moving to set aside the default judgment.
The appeal was allowed, and the Deputy Judge's order was set aside.
