How to Set Aside a Default Judgment in Saskatchewan Small Claims Court

The 90-Day Window

If a default judgment has been entered against you in Saskatchewan Provincial Court (Civil Division), you have 90 days from the date of the judgment to apply to set it aside under section 42(1) of The Small Claims Act, 2016. After 90 days, the court can still hear your application, but only if you prove exceptional circumstances under section 42(2) — and that's a much harder threshold to meet.

The Two-Prong Test

Setting aside a default judgment isn't automatic. You need to satisfy both requirements:

1. A reasonable excuse for the default. You must explain why you failed to file your Form B on time or why you didn't attend the Case Management Conference. Courts accept reasons like a medical emergency, being out of the province without knowledge of the proceedings, or genuinely defective service where the summons never reached you. "I forgot" or "I didn't think it was serious" generally won't be enough.

2. A valid defence on the merits. You need to show that you have a real, arguable defence to the claim — not just a vague denial. Under section 42(3), the court will refuse to set aside the judgment if your proposed defence is frivolous, vexatious, or discloses no triable issue. Specific facts matter: "The contractor didn't complete the work as agreed, and here are the deficiencies" is a defence. "I don't think I should have to pay" is not.

How to Apply

1. Obtain an application form from the Provincial Court registry where your case was filed. Ask the clerk for a Summons to Set Aside Judgment
2. Draft a sworn affidavit setting out both your excuse for the default and the facts of your defence — this is the core of your application
3. Pay the C$10 application fee
4. Serve the application and affidavit on the plaintiff as directed by the court clerk
5. Attend the hearing where a judge decides whether to grant your application and reopen the case

If the judge sets aside the judgment, the case restarts — you'll get a new appearance date and the opportunity to file Form B and defend the claim.

What Happens to Enforcement in the Meantime

To enforce a judgment, the judgment holder obtains a Form L Certificate of Judgment from the Provincial Court clerk and registers it with the Court of King's Bench Local Registrar for C$20. The judgment may then be enforced through formal instructions to the Saskatchewan Sheriff's Office, including wage garnishment or bank account seizure under The Enforcement of Money Judgments Act. If enforcement is underway while you seek to set aside the judgment, ask the court promptly whether you need a stay of execution.

Avoiding Default in the First Place

The best strategy is to never reach this point. File and serve your Form B at least 10 clear days before the appearance date on your summons, and show up to every scheduled court date. If you're running short on time after being served late, contact the registry to request an adjournment rather than missing the deadline entirely.

The Saskatchewan Small Claims Response Guide includes a deadline worksheet and response decision tree specifically designed to prevent defaults.

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