Sue K. Chen

Following a successful appeal that set aside a default judgment, the appellant requested additional remedies including setting aside the noting in default, lifting a writ of seizure and sale, setting aside costs, and extending the time to file a statement of defence.

The Court of Appeal granted these requests, finding they flowed naturally from the order setting aside the default judgment.

The Court declined the respondents' request to impose a timetable for further procedural steps, leaving such matters to the Superior Court.

The appellant appealed an order refusing to set aside a default judgment.

The Court of Appeal allowed the appeal, finding that the motion judge erred by failing to consider whether it was in the interests of justice to set aside the default judgment.

The Court noted that the damage award exceeded the simplified rules limit, and there were issues regarding statutory deductibles and whether the claim met the threshold.

The default judgment was set aside.