2114223 ALBERTA LTD v LOUGHEED, 2026 ABCA 291

This Appeal concerned a decision of a Chambers Judge (the “Second Decision”) on appeal from a decision by an Applications Judge (the “First Decision”).

In the First Decision, the Applications Judge granted the Defendant’s Application to set aside Default Judgment against him pursuant to Rule 9.15(3) and to dismiss the Action for long delay pursuant to Rule 4.33. In the Second Decision, the Chambers Judge allowed the Plaintiffs’ appeal in part, reversing the dismissal for long delay but affirming the ruling to set aside the Default Judgment. Both parties subsequently appealed the Second Decision. The Defendant appealed the reversal of the dismissal for long delay, while the Plaintiffs’ cross-appealed the ruling affirming that the Default Judgment be set aside.

The Court of Appeal upheld the Second Decision in its entirety. The Court found no reviewable error in the Chambers Judge’s conclusion that the Defendant’s participation in the Action after Default Judgment precluded dismissal for long delay. The Court likewise found no reviewable error in the Chambers Judge’s articulation and application of the test for setting aside a Default Judgment.

The Court of Appeal dismissed both the Defendant’s Appeal and the Plaintiffs’ Cross-Appeal and directed that each party bear their own costs.