Discovery Ford Ltd. - v. -, 2015 SKPC 171

IN THE PROVINCIAL COURT OF SASKATCHEWAN CIVIL DIVISION Date: November 30, 2015 2015 SKPC 171 File: SC#425 of 2014 Location: Saskatoon _____________________________________________________________________________ Between: Discovery Ford Ltd. - and - Mario Di Battista and R-Rock Concrete

(2013) Ltd. _____________________________________________________________________________ FIAT R.D. JACKSON , J _____________________________________________________________________________ [ 1 ] Default judgment at case management was granted in the within matter December 1, 2014 against the defendants, Mario Di Battista and R-Rock Concrete

(2013) Ltd. (R-Rock) in the amount of $19,393.00, jointly and severally. [ 2 ] R-Rock now seeks to have the default judgment set aside pursuant to s. 37(1) of the Small Claims Act , now in excess of one year from the granting of the judgment. [ 3 ] Sections 37(2) of the Act :

(2) The court may, in exceptional circumstances, allow an application to be made pursuant to subsection (1) after the expiry of 90 days

from the date of judgment [ 4 ] The applicant has filed an affidavit in support of having the summons issue from Scott Lachappelle, director of R-Rock. [ 5 ] Given the inordinate amount of time that has elapsed from the granting of the default judgment, the Court directs that upon the return date argument is to be presented first as to whether the circumstances warrant consideration as an “exceptional circumstance” permitting the application to proceed.

Second, whether on the merits, the judgment ought to be set aside. [ 6 ] The Court further directs that a copy of this fiat accompany the s. 37 summons to be served upon the respondent, Discovery Ford Sales Ltd. _______________________ R.D. Jackson, J