Industrial Construction Ltd. v. Petit-Rocher (Village), (1980) 31 N.B.R.(2d) 288 (CA)

• Judge: Hughes, C.J.N.B., Ryan and Richard, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 30, 1980
• Jurisdiction: New Brunswick
• Citations: (1980), 31 N.B.R.(2d) 288 (CA)

Ind. Constr. Ltd. v. Petit-Rocher (1980), 31 N.B.R.(2d) 288 (CA);

    31 R.N.-B.(2e) 288; 75 A.P.R. 288

MLB headnote and full text

Sommaire et texte intégral

Industrial Construction Ltd. v. Petit-Rocher, Village of

(52/80/CA)

Indexed As: Industrial Construction Ltd. v. Petit-Rocher (Village)

Répertorié: Industrial Construction Ltd. v. Petit-Rocher (Village)

New Brunswick Court of Appeal

Hughes, C.J.N.B., Ryan and Richard, JJ.A.

April 30, 1980.

Summary:

Résumé:

This case arose out of an application to set aside a default judgment regularly entered by the plaintiff against the defendant for default of defence. The defendant applied to a chambers judge who granted an order setting aside the default judgment. The order of the chambers judge was granted on the condition that the defendant's solicitor file an affidavit respecting the amount admittedly owing by the defendant. The defendant appealed to the New Brunswick Court of Appeal.

The New Brunswick Court of Appeal allowed the appeal and set aside the order of the chambers judge. The Court of Appeal stated that the condition imposed by the chambers judge was not appropriate in the circumstances.

Practice - Topic 6202

Judgments - Setting aside default judgments, on terms - The New Brunswick Court of Appeal set aside an order of a chambers judge which set aside a default judgment regularly entered against the defendant - The order of the chambers judge was granted on the condition that the defendant's solicitor file an affidavit respecting the amount admittedly owing by the defendant - The Court of Appeal stated that such a term or condition was not appropriate in the circumstances.

Statutes - Topic 2413

Interpretation of words - Conjunctive words - The New Brunswick Court of Appeal held that the word "or" in Order 27, Rule 15 of the Rules of Court should be read as a conjunctive word (see paragraph 8).

Words and Phrases

Or - The New Brunswick Court of Appeal discussed the meaning of the word "or" as found in Order 27, Rule 15 of the New Brunswick Rules of Court.

Cases Noticed:

Brunswick International (Canada) Ltd. v. Albert (1975), 12 N.B.R.(2d) 296; 10 A.P.R. 296, ref'd to [para. 4].

R. v. Shaw (1920), 54 D.L.R. 577, ref'd to. [para. 8].

In Re Churchill and Township of Hullett (1905), 11 O.L.R. 284 (C.A.), ref'd to. [para. 8].

Statutes Noticed:

Rules of Court (N.B.), Order 27, rule 15 [para. 3].

Counsel:

T. Michael Gallagher, for the defendant Village of Petit-Rocher;

J. Edward Murphy, Q.C., for Industrial Construction Ltd.

This appeal was heard by HUGHES, C.J.N.B., RYAN and RICHARD, JJ.A., at Fredericton, N.B., on April 29, 1980.

The judgment of the Court of Appeal was delivered orally by HUGHES, C.J.N.B., at Fredericton, N.B., on April 30, 1980.