ESPENILLA v AYUPAN, 2019 ABCA 493
9.15: Setting aside, varying and discharging judgments and orders
14.81: Service of appeal documents
The Respondent filed for divorce, noted the Applicant in default, and obtained a desk divorce Judgment in the Court of Queen’s Bench. The Applicant retained counsel and discovered that the desk divorce Judgment had been issued. The Applicant then made an Application to extend the time to appeal the Judgment and for directions on service.
Justice Slatter directed the Applicant to serve the Respondent at the address for service in the Court of Queen’s Bench as that address continues to be the address for service in the Court of Appeal until it is changed, pursuant to Rule 14.81(1). The Court also advised that it would also be prudent to serve the Respondent via email.
Justice Slatter then advised that it would be most effective if, rather than appeal the desk divorce, the Applicant made an Application to have the Noting in Default set aside under Rule 9.15. His Lordship adjourned the Application to extend the time to appeal sine die and directed that the Applicant file an Application to set aside the Noting in Default and serve it on the Respondent by ordinary mail and by email.View CanLII Details