Foreman v. Gerling et al., (1991) 1 B.C.A.C. 179 (CA)

• Judge: McEachern, C.J.B.C., Taylor and Wood, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 07, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 179 (CA)

Foreman v. Gerling (1991), 1 B.C.A.C. 179 (CA);

    1 W.A.C. 179

MLB headnote and full text

Ruby Foreman (plaintiff/appellant) v. Jeanette Grace Gerling (defendant/respondent) and Montreal Trust Company of Canada (defendant)

(CA011663)

Indexed As: Foreman v. Gerling et al.

British Columbia Court of Appeal

McEachern, C.J.B.C., Taylor and Wood, JJ.A.

June 7, 1991.

Summary:

A chambers judge set aside a default judgment. The plaintiff appealed.

The British Columbia Court of Appeal dismissed the appeal.

Practice - Topic 6197

Judgments and orders - Setting aside judgments - Default judgments - Grounds - Default judgment was entered by the plaintiff precipitously at almost the first possible moment - The default judgment for inexplicable reasons was kept secret from the defendant's counsel for over a year, notwithstanding a request by the defendant's solicitor for a statement of claim - The British Columbia Court of Appeal affirmed that the default judgment should be set aside.

Counsel:

B.M. Shaw, for the appellant;

   J.L. Finlay, for the respondent.

This appeal was heard before McEachern, C.J.B.C., Taylor and Wood, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered orally on June 7, 1991, by McEachern, C.J.B.C.