Default Judgment Applications and How to Defend Against Them
In civil litigation, default judgment is a powerful legal remedy. It allows a plaintiff to win a lawsuit simply because the defendant did not respond within the required time frame. However, just because a default judgment is granted doesn't mean it cannot be reversed. Courts also recognize that sometimes defendants fail to respond for valid reasons and the court has mechanisms to set aside or defend against default judgments.
In this blog post, we’ll explain what default judgment is, how a plaintiff would obtain default judgment, and what options a defendant has to challenge it.
What Is a Default Judgment?
A default judgment is a court order in favour of one party (usually the plaintiff) when the opposing party (usually the defendant) fails to take required steps, most often by:
Not filing a response to a civil claim or notice of claim
Not filing a defence (in Supreme Court) within the deadline
Not appearing in court when required
The result? The plaintiff may be awarded everything they’re asking for without needing to prove their case at trial.
When Can a Plaintiff Apply for Default Judgment?
In most civil courts (including BC Provincial and Supreme Court), the plaintiff can apply for default judgment after the response deadline has passed. The timeline depends on the jurisdiction and level of court.
The plaintiff can apply to the court for:
Monetary damages, if the claim is for a fixed amount
An appearance before a judge to assess damages, if the claim amount is not certain
How to Apply for Default Judgment
A plaintiff must typically:
Prove that the defendant was properly served with the claim.
Confirm that the defendant did not respond within the required time.
Provide supporting documents showing the amount claimed or the remedy sought.
If approved, the court will issue a judgment in favour of the plaintiff, which can then be enforced like any other court order.
Defending Against a Default Judgment
If you are a defendant who has had a default judgment entered against you, you still have options—but you must act quickly.
1. Apply to Set Aside the Default Judgment
Under the BC Supreme Court Civil Rules you may apply to have the judgment set aside. To succeed, you typically must show:
A reasonable explanation for your failure to respond
Prompt action once you became aware of the default
A defence on the merits (you have a valid legal argument if the case went to trial)
This is not a guaranteed application — the court balances fairness to both parties. However, if you act quickly and can show a good reason, courts often prefer to resolve disputes on their merits, not by default.
2. Negotiate With the Plaintiff
In some cases, it may be possible to settle the matter even after a default judgment. If the plaintiff is open to negotiation, you might agree on terms to have the judgment set aside by consent. This avoids a contested court application and saves time and cost.
Best Practices to Avoid Default
Respond promptly when served with legal documents.
If you need more time, consider asking for an extension or filing a Notice of Intent to Defend.
Keep your contact information current with relevant agencies or the courts.
If unsure, seek legal advice early to avoid missing critical deadlines.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about default judgment, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.