HERITAGE STATION v SHARIFZADEH, 2012 ABQB 338
MANDERSCHEID J
3.37: Application for judgment against defendant noted in default
9.15: Setting aside, varying and discharging judgments and orders
9.16: By whom applications are to be decided
Case Summary
The Defendant Appealed a Default Judgment granted in an ex-parte Application pursuant to Rule 3.37. As a preliminary question, Manderscheid J. addressed whether or not the Court had jurisdiction to hear the Appeal. The Court stated that an Appeal of a Master’s Decision of an ex parte Application should be directed back to the Master. Manderscheid J. granted the Appeal and set aside the Default Judgment and directed that the matter be returned to Master Mason for a fresh assessment of the damages.
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