Digest: Downey v Savoy, 2017 SKPC 101

• Date: December 17, 2019

Reported as: 2017 SKPC 101

Docket Number: PC17133 , SCC 661/16

Court: Provincial Court

Date: 2019-12-17

Judges:

• Jackson

Subjects:

• Civil Procedure � Default Judgment � Application to Set Aside

Digest: The plaintiff was awarded default judgment in her small claims action against the defendant after he failed to appear for a case management meeting. The defendant applied to have the judgment set aside.
HELD: The application was granted. The court set aside the default judgment on a number of conditions. It accepted the defendant�s explanation that he had been confused as to the date of the meeting because he and the plaintiff were engaged in a number of legal proceedings.

Cases Considered:

• Stealth Web Designs Inc. v Wildman, 2012 SKPC 73, 397 Sask R 17