Heather R. Weir

The plaintiff sued ten fuel providers for losses arising from fraudulent fuel card transactions.

The defendants brought motions to sever the proceedings.

The parties agreed to sever the claims against the Imperial defendants and stay the remaining claims pending the outcome of the Imperial action.

Shell brought a separate motion to stay the action against it based on a forum selection clause designating Alberta as the exclusive jurisdiction.

The court dismissed Shell's motion, finding that the policy against a multiplicity of proceedings constituted 'strong cause' to override the forum selection clause.

The moving defendant sought to set aside a default judgment, noting in default, and substantial indemnity costs order granted after he failed to attend discoveries and the motion for judgment.

The court applied the Rule 19.08 test considering promptness, explanation for default, and the existence of an arguable defence.

The defendant learned of the judgment only upon service of an examination in aid of execution and moved promptly thereafter, with delay largely attributable to difficulty obtaining the court file.

The court found a plausible explanation for the default and an arguable defence concerning alleged unpaid construction invoices and the contractual requirement for written authorization of extras.

The court also held that the plaintiff’s failure to disclose a prior $60,000 settlement with a co‑defendant—representing most of the total claim—was a significant non‑disclosure that independently justified setting aside the judgment.