HERITAGE STATION v SHARIFZADEH

Citation 2012 ABQB 338

Court Court of King's Bench of Alberta

Year 2012

Justice MANDERSCHEID J

Rules Discussed

Rule 3.37 Application for judgment against defendant noted in default
Rule 9.15 Setting aside, varying and discharging judgments and orders
Rule 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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