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If you missed a court session

As a party in a Protection from Harassment Court (PHC) case, a default order may be made against you if you were absent for a PHC court session.

The court session may be a case management conference (for simplified proceedings), pre-trial conference (for standard proceedings) or a hearing.

Examples of default orders include:

  • As the claimant (for simplified proceedings) or applicant (for standard proceedings): your application may be dismissed.
  • As the respondent: an order may be made in the favour of the claimant or applicant.

You may apply to set aside the default order.

Note: Filing of an application does not mean the order will automatically be set aside. The court will make the decision at a hearing that you and the other party must attend.

Apply to set aside a default order

How you apply depends on whether your case is under the simplified or standard proceedings.

Key facts

Refer to the following on how to set aside a default order under the simplified proceedings.

Who can file

A party who has had a default order made against them by the PHC.

Estimated fees

$10

How to file

Through the Community Justice and Tribunals System (CJTS).

What you will need

You will need to provide the following information:

How to file and serve

Log in to CJTS. Under the Online Applications tab, select PHC, then select Application to Set Aside Order. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3358 KB).

You must serve the application within the following timelines:

On every other party to the claim to which the order to be set aside relates

Serve within 7 days after the date on which the application is filed.

On any other person on whom the application is directed to be served

Serve within 14 days (or as the court directs) after the date on which the application is filed.

You can serve in one or more of the following ways if you know the party’s proper address:

  • Leave with that person a copy of the document.
  • Post a copy of the document on the front door of that person's proper address.
  • Send a copy of that document by registered post to that person's proper address.

Note:

  • If you wish to serve in other ways, you must file an application to the court.
  • If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.

Key facts

Refer to the following on how to set aside a default order under the standard proceedings.

Who can file

A party who has had a default order made against them by the PHC.

Estimated fees

Refer to this table for the list of fees.

How to file

Through eLitigation.

What you will need

For the application, you will need to prepare:

You need to explain your reason for applying in the documents.

Estimated fees

The estimated filing fees include:

Item or service

Fees

File the Summons

$10

File the supporting documents

  • (Up to 10 pages) $10
  • (More than 10 pages) $1 per page

Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.

How to file and serve

File the Summons and supporting documents via eLitigation. You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.

If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file in person. The Service Bureau will notify you via email or SMS of the outcome of your application.

If the court accepts your application documents, you will be asked to return to the Service Bureau to collect the endorsed documents. These will include the date and time of a hearing that you and the other party must attend.

You will need to serve a copy of the application on the other party. You must serve within 14 days after the date of filing the application.

You can serve in one or more of the following ways if you know the party’s proper address:

  • Leave with that person a copy of the document.
  • Post a copy of the document on the front door of that person's proper address.
  • Send a copy of that document by registered post to that person's proper address.

Note:

  • If you wish to serve in other ways, you must file an application to the court.
  • If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.

After you file

You should bring all evidence that supports your application to the scheduled hearing.

You must attend the hearing. If you are absent, the application may be dismissed and you may be unable to file any further applications to set aside the order.

Note
Even after you have filed the application to set aside, the applicantcan still enforce the default order. The order will only be set aside if your application is successful.

Outcomes of the application

The court will decide whether to allow or dismiss the application.

If your application is dismissed, the default order stands.

If your application is allowed, the case will proceed with a pre-trial conference or hearing, depending on which stage your case is at.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Related questions

If the other party in your case did not attend a court session and has filed an application to set aside an order that was made in their absence, you will be served either an application (simplified proceeding) or a Summons (standard proceeding). You must attend court on the scheduled date and time as the court may proceed to hear the case if the application to set aside is allowed.
Go to Step-by-step guide

Step-by-step guide

2021/07/23

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