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Established Guidelines or Just Suggestions: Lifting Default Judgment

March 2017 Cox & Palmer, PEI

City of Summerside v Total Machine Works Inc., 2016 PESC 41

Collins was the principal shareholder in two closely held corporations, Total Machine Works Inc. and Advanced Arc Welding Ltd. (the “Companies”). The Companies had performed work for the City of Summerside (the “City”) for which they were overpaid $77,141.00 due to an accounting error. Collins and the Companies had made partial repayments but the City filed a Statement of Claim for the outstanding balance to which no Statement of Defence was filed in response.

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