Written by Jasmin Kang The powers and jurisdiction of the Small Claims Court are established within the Small Claims Act. Section 3 of the Small Claims Act provides:   3(1) The Provincial Court has jurisdiction in a claim for (a) debt or damages, (b) recovery of personal property, (c) specific performance of an agreement relating [...]

Written by Jessi Dhanju SETTING ASIDE DEFAULT ORDERS Miracle Feeds Test:   Setting aside a default judgment is a discretionary remedy based on facts and circumstances. Miracle Foods v. D&H Enterprises Ltd.  [1979] B.C.J. No. 1965, 10 B.C.L.R. P 58. Establishes a four-part test for setting aside a default judgement. A default judgement is obtained [...]