Milen v. Metis National Council, (1985) 43 Sask.R. 308 (QB)

• Judge: McIntyre, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 22, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 43 Sask.R. 308 (QB)

Milen v. Metis Nat. Council (1985), 43 Sask.R. 308 (QB)

MLB headnote and full text

Milen (plaintiff) v. Metis National Council Secretariat Inc., Manitoba Metis Federation Inc., Dumont and McNeely (defendants)

(No. 2398)

Indexed As: Milen v. Metis National Council

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

McIntyre, J.

October 22, 1985.

Summary:

Milen commenced an action for defamation against several defendants. The action against Dumont and the Manitoba Metis Federation was noted for default of defence. Dumont and the Manitoba Metis Federation applied to set aside the default judgment.

The Saskatchewan Court of Queen's Bench granted the application on terms (see paragraph 11).

Practice - Topic 6196

Judgments - Setting aside default judgments - The Saskatchewan Court of Queen's Bench referred to the general principles governing an application to set aside a default judgment (see paragraph 8).

Cases Noticed:

Klein v. Schile, [1921] 2 W.W.R. 78, refd to. [para. 8].

Warner Construction Ltd. v. Rural Municipality of Wood River and Keith Consulting Engineers Ltd. (1979), 1 Sask.R. 118, refd to. [para. 9].

Counsel:

T.E. Dore, for the plaintiff;

F.J. Kovach, for the defendants (the Manitoba Metis Federation Inc. and Yvon Dumont).

This application was heard by McIntyre, J., of the Saskatchewan Court of Queen's Bench.

The decision of McIntyre, J., was delivered on October 22, 1985.