Default Judgment in British Columbia: What Happens When a Party Doesn’t Respond

When a defendant or respondent in British Columbia doesn’t file a response within the time limits under the Supreme Court Civil Rules, the plaintiff can apply for a default judgment, essentially, the court says:

“You didn’t respond, so we’re assuming you admit liability.”

It’s a procedural but powerful remedy. For plaintiffs, it moves the case forward efficiently. For defendants, it’s a cautionary tale, silence can cost you the entire case.

Time Limits to Respond

Under Rule 3-8(1):

21 days if served in British Columbia
35 days if served elsewhere in Canada
49 days if served outside Canada

Failure to respond means the plaintiff can enter judgment “by default.”

When Can Default Judgment Be Entered?

The process depends on the type of claim:

Liquidated claims (fixed sums like debts or invoices):

The plaintiff can usually obtain judgment from the registry without a hearing.

Unliquidated claims (damages, property, or estate disputes):

The matter must go before a judge or registrar to assess damages or determine relief.

In estate and family contexts, default judgments are less common but may arise in related civil actions. For example, recovery of estate assets, debt claims against executors, or breach of trust.

How to Apply for Default Judgment

A plaintiff applies under Rule 3-8(3) by filing:

A Requisition for default judgment; and
Proof of service (Affidavit of Personal Service).

For claims requiring assessment, the plaintiff must also file supporting evidence, usually an affidavit proving the amount or relief sought.

Can a Default Judgment Be Set Aside?

Yes. The courts recognize genuine mistakes and prefer to decide cases on their merits.
Under Rule 3-8(11), a court may set aside a default judgment on just terms.

The leading case, Miracle Feeds v. D & H Enterprises Ltd., [1979] B.C.J. No. 1963 (C.A.), established a three-part test:

Promptness: The defendant must act quickly after learning of the default.
Meritorious Defence: There must be a real issue to try, not a frivolous or hopeless claim.
Explanation: The failure must have a reasonable cause (e.g. misunderstanding, inadvertence, illness), not deliberate disregard.

Courts balance finality and fairness, where a party shows good faith and a plausible defence, the judgment is often set aside.

Practical Tips for Plaintiffs

Act fast: As soon as you learn judgment was entered, contact a lawyer and file to set it aside.
Provide sworn evidence: Explain the delay and outline your defence.
Stay alert: Don’t ignore registry letters or notices — silence equals risk.

The Bottom Line

Default judgment can close the door on your case, sometimes permanently.
BC courts prefer fairness over technicality, but only for those who act diligently.

If you’ve received a Notice of Civil Claim or learned that judgment was entered against you, time is critical.

Richter Trial Lawyers – The Good Firm can help you assess your options, prepare the right application, and protect your legal rights.