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