Case information

Civil procedure — Appeals — Whether the application raises an issue of public or national importance.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In proceedings initiated by Mr. Wang the Governing Board of the Salvation Army in Canada filed and served its defence on August 3, 2016. Without attempting to note the Salvation Army in default, Mr. Wang moved for a default judgment. The motion was dismissed on November 1, 2016, on the grounds that a default judgment could not be entered unless the defendant was first noted in default: Rules of Civil Procedure, Rule 19.05(1).

Mr. Wang appealed to the Court of Appeal despite being advised that, according to the Courts of Justice Act, ss. 6(1) and 19(1), he had turned to the wrong court. The Salvation Army moved to dismiss the appeal on the grounds that the Court of Appeal was not the correct venue. Mr. Wang was granted one adjournment of the hearing of that motion on consent, but a second request for adjournment, made without explanation, was opposed and denied. Mr. Wang advised the Scheduling Coordinator by email that he considered the denial a “nullity” because he was not available on the new hearing date. There was no further communication, and the hearing went forward on the date set. Mr. Wang did not appear. The appeal was dismissed for want of jurisdiction.