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Archive for the ‘Default Judgments’ Category

Interesting Information on Pre-Judgment Interest

Interesting Information on Pre-Judgment Interest

Interesting Information on Pre-Judgment Interest By John W. Bilawich, Holmes & King Pre-judgment interest is admittedly not, at first blush, the most scintillating subject, but there are some aspects of which counsel should be aware when prosecuting or defending a claim which can make a significant monetary difference to your client.  This article focuses on pre-judgment interest claims in the context of debt and contract

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Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires?

Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires?

Dismissal for Want of Prosecution – Should I Apply Before the Limitation Period Expires? By John W. Bilawich, Holmes & King The object of the Supreme Court Civil Rules is to secure the just, speedy and inexpensive determination of every proceeding on its merits.  Our civil justice system relies on the parties to set the pace at which a proceeding is prosecuted, subject to the

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Beyond Miracle Feeds – Another Approach To Setting Aside Default Judgments

Beyond Miracle Feeds – Another Approach To Setting Aside Default Judgments

John W. Bilawich, Holmes & King Faced with the daunting task of applying to set aside a default judgment, the commonly cited authority is the decision of Mr. Justice Hinds in Miracle Feeds v. D. & H. Enterprises Ltd., [1979] B.C.J. No. 1965, 10 B.C.L.R. P 58.  It establishes a four part test … three really, since the fourth step simply addresses mode of proving

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