Acts and Regulations

2012-103 - General

Section 23
Disposition versions

Full text
Setting aside default judgment or interim judgment
23(1)A defendant who has not filed a response and against whom default judgment or interim judgment is entered may apply to the court under section 66 to have the judgment set aside, and the application shall be supported by an affidavit (Form 8), sworn to or affirmed by the defendant, providing the following information:
(a) whether the defendant received a copy of the claim and if a copy was received, the date of receipt;
(b) the date on which the defendant became aware of the judgment;
(c) the reasons for the failure to defend;
(d) the basis of the defence; and
(e) the mailing address, residential address and telephone number, and the e-mail address and fax number, if any, of the defendant.
23(2)A person who makes an application referred to in subsection (1) shall attach a completed response (Form 2) to the affidavit and shall serve all other parties with a copy of the application, supporting affidavit and completed response at least ten days before the date of the hearing of the application.
23(3)If the adjudicator is satisfied that the party did not defend the action because the party did not receive a copy of the claim or the party was unable to defend for good reason, and if the adjudicator is satisfied that the party may have a valid defence to the claim, the adjudicator may order that the judgment be set aside, with costs, subject to any terms and conditions that the adjudicator considers just.
23(4)If an adjudicator sets aside a default or interim judgment, a clerk shall notify all other parties and forward a copy of the order to the clerk of the Court of King’s Bench if the judgment has been filed in that Court.
23(5)A clerk may by order, with the consent of the parties, set aside a default judgment or interim judgment and subsections (3) and (4) apply with the necessary modifications in respect of the order.
23(6)If a judgment is set aside under subsection (3) or (5), the clerk shall set a time and place for a hearing by an adjudicator in respect of the claim and notify the parties of the time and place by any means that provides proof of receipt of the notice.
2023, c.17, s.257
Setting aside default judgment or interim judgment
23(1)A defendant who has not filed a response and against whom default judgment or interim judgment is entered may apply to the court under section 66 to have the judgment set aside, and the application shall be supported by an affidavit (Form 8), sworn to or affirmed by the defendant, providing the following information:
(a) whether the defendant received a copy of the claim and if a copy was received, the date of receipt;
(b) the date on which the defendant became aware of the judgment;
(c) the reasons for the failure to defend;
(d) the basis of the defence; and
(e) the mailing address, residential address and telephone number, and the e-mail address and fax number, if any, of the defendant.
23(2)A person who makes an application referred to in subsection (1) shall attach a completed response (Form 2) to the affidavit and shall serve all other parties with a copy of the application, supporting affidavit and completed response at least ten days before the date of the hearing of the application.
23(3)If the adjudicator is satisfied that the party did not defend the action because the party did not receive a copy of the claim or the party was unable to defend for good reason, and if the adjudicator is satisfied that the party may have a valid defence to the claim, the adjudicator may order that the judgment be set aside, with costs, subject to any terms and conditions that the adjudicator considers just.
23(4)If an adjudicator sets aside a default or interim judgment, a clerk shall notify all other parties and forward a copy of the order to the clerk of the Court of Queen’s Bench if the judgment has been filed in that Court.
23(5)A clerk may by order, with the consent of the parties, set aside a default judgment or interim judgment and subsections (3) and (4) apply with the necessary modifications in respect of the order.
23(6)If a judgment is set aside under subsection (3) or (5), the clerk shall set a time and place for a hearing by an adjudicator in respect of the claim and notify the parties of the time and place by any means that provides proof of receipt of the notice.
Setting aside default judgment or interim judgment
23(1)A defendant who has not filed a response and against whom default judgment or interim judgment is entered may apply to the court under section 66 to have the judgment set aside, and the application shall be supported by an affidavit (Form 8), sworn to or affirmed by the defendant, providing the following information:
(a) whether the defendant received a copy of the claim and if a copy was received, the date of receipt;
(b) the date on which the defendant became aware of the judgment;
(c) the reasons for the failure to defend;
(d) the basis of the defence; and
(e) the mailing address, residential address and telephone number, and the e-mail address and fax number, if any, of the defendant.
23(2)A person who makes an application referred to in subsection (1) shall attach a completed response (Form 2) to the affidavit and shall serve all other parties with a copy of the application, supporting affidavit and completed response at least ten days before the date of the hearing of the application.
23(3)If the adjudicator is satisfied that the party did not defend the action because the party did not receive a copy of the claim or the party was unable to defend for good reason, and if the adjudicator is satisfied that the party may have a valid defence to the claim, the adjudicator may order that the judgment be set aside, with costs, subject to any terms and conditions that the adjudicator considers just.
23(4)If an adjudicator sets aside a default or interim judgment, a clerk shall notify all other parties and forward a copy of the order to the clerk of the Court of Queen’s Bench if the judgment has been filed in that Court.
23(5)A clerk may by order, with the consent of the parties, set aside a default judgment or interim judgment and subsections (3) and (4) apply with the necessary modifications in respect of the order.
23(6)If a judgment is set aside under subsection (3) or (5), the clerk shall set a time and place for a hearing by an adjudicator in respect of the claim and notify the parties of the time and place by any means that provides proof of receipt of the notice.