Acts and Regulations

2012-103 - General

Section 38
Disposition versions

Full text
Setting judgment aside after hearing
38(1)A party who fails to attend a hearing and against whom a judgment has been 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 15) sworn to or affirmed by the party.
38(2)An application referred to in subsection (1) shall be served on all parties to the application at least ten days before the date of the hearing of the application.
38(3)The adjudicator may order that the judgment be set aside and order a new hearing on any terms and conditions he or she considers just if the adjudicator is satisfied that the party did not attend the hearing because
(a) the party did not receive notice of the hearing, or
(b) the party was unable to attend for good reason.
38(4)If the adjudicator makes an order under subsection (3), the clerk shall file the order with the Court of King’s Bench to set the judgment aside if the judgment has been filed in that Court.
38(5)If a judgment is set aside under subsection (3), the clerk shall schedule a new hearing date and notify all the parties of the time and place by any means that provides proof of receipt of the notice.
2023, c.17, s.257
Setting judgment aside after hearing
38(1)A party who fails to attend a hearing and against whom a judgment has been 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 15) sworn to or affirmed by the party.
38(2)An application referred to in subsection (1) shall be served on all parties to the application at least ten days before the date of the hearing of the application.
38(3)The adjudicator may order that the judgment be set aside and order a new hearing on any terms and conditions he or she considers just if the adjudicator is satisfied that the party did not attend the hearing because
(a) the party did not receive notice of the hearing, or
(b) the party was unable to attend for good reason.
38(4)If the adjudicator makes an order under subsection (3), the clerk shall file the order with the Court of Queen’s Bench to set the judgment aside if the judgment has been filed in that Court.
38(5)If a judgment is set aside under subsection (3), the clerk shall schedule a new hearing date and notify all the parties of the time and place by any means that provides proof of receipt of the notice.
Setting judgment aside after hearing
38(1)A party who fails to attend a hearing and against whom a judgment has been 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 15) sworn to or affirmed by the party.
38(2)An application referred to in subsection (1) shall be served on all parties to the application at least ten days before the date of the hearing of the application.
38(3)The adjudicator may order that the judgment be set aside and order a new hearing on any terms and conditions he or she considers just if the adjudicator is satisfied that the party did not attend the hearing because
(a) the party did not receive notice of the hearing, or
(b) the party was unable to attend for good reason.
38(4)If the adjudicator makes an order under subsection (3), the clerk shall file the order with the Court of Queen’s Bench to set the judgment aside if the judgment has been filed in that Court.
38(5)If a judgment is set aside under subsection (3), the clerk shall schedule a new hearing date and notify all the parties of the time and place by any means that provides proof of receipt of the notice.