Reano v. Jennie W ( The )
T-1259-96
Nadon J.
6/5/97
5 pp.
Motion under R. 439(3) to set aside default judgment rendered by Denault J.-Explanations for delay to file defence, present motion not satisfactory-Counsel for plaintiffs acted with fairness in keeping defendant informed at all times with respect to proceedings-Warned defendant to engage Canadian counsel to file defence, thus prevent default judgment-Defendant did not seem to be concerned by Canadian legal proceedings until informed ship could be sold to satisfy default judgment-Evidence not supporting defendant's submission language difficulties prevented it from understanding Canadian legal process-No reasonable explanation offered for delay in bringing present motion-Defendant having serious defence concerning amounts owing to plaintiffs-Test for determining whether default judgment should be set aside or varied explained by Joyal J. in Television Broadcasts Ltd. et al. v. Trinh (1991), 46 F.T.R. 161 (F.C.T.D.)-First, defendant must establish substantial reasons preventing him from defending action-Second, must establish not beyond all doubt, but on reasonable basis, good grounds for defence-Defendant has advanced good grounds for defence but has not established substantial reasons preventing him from defending action against him-Delay wilful-Motion dismissed-Federal Court Rules, C.R.C., c. 663, R. 439(3).