How to Cancel a Dismissal or Default Order in BC Small Claims Court

Understanding the Affidavit to Cancel a Dismissal or Default Order in British Columbia Small Claims Court

If you are involved in a legal case within the Provincial Court of British Columbia (Small Claims Court) and have received a Dismissal or Default Order against you, you might have the option to request its cancellation by submitting an Affidavit to Cancel a Dismissal or Default Order. This official document (Form SCL 020) is designed to support your application to the court, explaining why the order should be overturned. Here’s what you need to know about this process, the information required, and how to properly prepare and submit this affidavit.

When to Use the Affidavit to Cancel a Dismissal or Default Order

This affidavit is applicable if you missed a deadline or failed to respond to a claim or court conference, resulting in a dismissal or default order against you. Common situations include:

• Not filing a reply within 14 days of being served with a Notice of Claim.
• Failing to attend a Settlement or Trial Conference.
• Not responding to a claim under the Civil Resolution Tribunal Act within the required timeframe.
• Not signing a fee declaration when required.

If you believe there are valid reasons for your delay or oversight, submitting this affidavit can help you request the court to reconsider the order and potentially restore your case to the active docket.

Required Information in the Affidavit

The affidavit must contain specific details to support your application:

1. Parties involved: Your name, address, occupation, and role in the case (claimant or defendant).
2. Details of the order: The date and type of dismissal or default order you seek to cancel.
3. Reasons for non-compliance: Explanation of why you did not respond or attend court proceedings (e.g., lack of notice, illness, misunderstanding).
4. When you learned of the order: The date you became aware of the dismissal or default order.
5. Supporting facts: Clear, factual statements that support your claim or defense, including any evidence that explains your delay or oversight.

Additionally, the affidavit must be sworn or affirmed before a commissioner for taking affidavits in British Columbia, who will witness your signature. Do not sign the document until this official is present.

How to Submit the Affidavit

Once completed and sworn, the affidavit should be attached to an Application to a Judge form. You must also file it with the court, along with any other required documentation such as a completed Address for Service (Form 38), if you have not previously submitted one.

It is important to keep multiple copies of your affidavit: typically, a court copy, an applicant copy, and copies for other parties involved or for service purposes. This ensures all relevant parties have access to your application and supporting evidence.

Points of Attention and Tips

• Timeliness: Even if you have missed a deadline, submitting this affidavit promptly can improve your chances of having the order canceled.
• Clarity and honesty: Clearly explain why you did not respond or attend court, providing any supporting evidence or documentation.
• Legal advice: While this guide offers an overview, consider consulting a legal professional or a legal clinic for assistance in preparing your affidavit and application.
• Follow court procedures: Ensure all forms are correctly filled out, signed, and filed according to the court’s rules to avoid delays or rejection.

By carefully preparing your Affidavit to Cancel a Dismissal or Default Order, you give yourself a better chance to have your case reconsidered and potentially resolved more favorably. Make sure to follow all procedural requirements and provide truthful, detailed information to support your application.