TORONTO DOMINION BANK v GAUTHIER, 2012 ABQB 569
1.2: Purpose and intention of these rules
9.15: Setting aside, varying and discharging judgments and orders
The Defendant applied to set aside a Default Judgment that was granted without the Defendant present. The Defendant did not appear before the Court to contest the Default Judgment Application because he was under the impression that a Settlement Agreement had been reached. The Plaintiff did not believe that a Settlement Agreement had been reached and proceeded with the Application in the absence of the Defendant. After being granted an Order for Default Judgment, the Plaintiff filed a Writ for the entire amount of the Claim, which was approximately $6,000.00 higher than the alleged settlement amount.
The Defendant’s Application was made on short notice and the original counsel for the Plaintiff was unable to attend, so a student lawyer appeared on behalf of the Plaintiff. In considering the Application, Master Schlosser relied on Rule 1.2, which encourages early, informal resolution, and stated:
In our zeal to move matters forward, it is easy to forget that the Rules are about resolving disputes not taking steps. More haste, less speed.
The Defendant’s Application was adjourned until the following week. Master Schlosser ordered that the Writ be discharged, and further directed that the matter be heard in Justice Chambers, due to the conflicts in evidence and the fact that the matter had been before a Justice several times prior.View CanLII Details