How to Set Aside a Default Judgment in the Alberta Court of Justice

When Setting Aside Is an Option

A default judgment in the Alberta Court of Justice can happen when you don't file a Dispute Note within the deadline — usually 20 calendar days if served in Alberta or 30 if served outside the province, unless an Order for Substitutional Service says otherwise — and the plaintiff asks the clerk to enter judgment against you. Once it's entered, the plaintiff can start enforcing it: garnishing your wages, seizing bank account funds, or registering it against your property under the Civil Enforcement Act.

But a default judgment isn't necessarily permanent. Alberta procedure allows you to apply to set it aside; the court considers the application and supporting evidence.

What You Need to File

The application requires four components:

1. Application form — A formal document requesting the court set aside the default judgment. The filing fee is $100, though you can apply for a fee waiver if you qualify for financial hardship (the waiver lasts six months from approval).

2. Supporting affidavit — This is the critical document. Your sworn affidavit must address two things:

• Why you missed the deadline. The court wants a genuine explanation, not just "I forgot." Examples include improper service, medical incapacity during the response window, or misdirection.

• A defence on the merits. You need to show you have a real, arguable case — not that you'll definitely win, but that the claim isn't so clear-cut that a trial would be pointless. Lay out the specific facts: what happened, why you disagree with the plaintiff's version, what evidence you have.

3. Supporting exhibits — Attach relevant documents to your affidavit: medical records, proof of travel, the original claim papers showing service issues, contracts or receipts that support your defence.

4. Service on the plaintiff — You must serve both the Application and Affidavit on the plaintiff (or their lawyer) at least seven clear days before the scheduled hearing date. File an Affidavit of Service of Non-Commencing Documents to prove you did.

What the Justice Considers

The court considers these key points:

• Explanation — Set out a valid explanation for missing the deadline, such as improper service, medical incapacity, or misdirection.

• Merits of the defence — The court doesn't need to be convinced you'll win. It needs to see that if the matter went to trial, there are real issues to be decided. A bald statement of "I disagree" isn't enough; specific facts and supporting documents make the difference.

Enforcement Doesn't Automatically Stop

Filing an application to set aside the default does not pause enforcement. If the plaintiff has already started garnishing your wages or has an active writ through a civil enforcement agency, they can continue collecting while your application is pending.

To stop enforcement while the application is heard, you need a separate application for a Stay of Enforcement — either in the Court of Justice or the Court of King's Bench. This adds another $100 application fee.

The Practical Timeline

Your application goes before a Justice. If the application is granted, the default judgment is removed, you file a Dispute Note, and the case proceeds through the normal resolution track — mediation, pre-trial conference, or trial.

If the application is denied, the default judgment stands and enforcement continues.

Getting It Right the First Time

Setting aside a default judgment is possible but significantly more expensive and stressful than filing a Dispute Note on time. The $100 application fee alone is double the $50 Dispute Note filing fee, and the process requires a sworn affidavit, supporting evidence, and a court appearance.

The Alberta Civil Claim Response Guide is built around preventing this situation entirely — a deadline calculator, step-by-step Dispute Note instructions, and the filing checklist that keeps you on track within the 20-day window. If you've already missed the deadline, check with the court clerk's office first — you may still be able to file before default is formally entered.

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