Background:
Alan Gilbert Smith, a shareholder of Voice Mobility International Inc. (Voice), paid $24,155 to a law firm for legal services initially invoiced to Voice. He later claimed that VM Agritech Limited (formerly Myco Sciences Limited) and its director, Christopher J. Wightman, were responsible for the payment. Smith filed a lawsuit seeking reimbursement.

Legal Issues:

1. Jurisdiction & Default Judgment – The defendants contested the jurisdiction of the Supreme Court of British Columbia and challenged the service of the Notice of Civil Claim (NOCC). Despite their objections, the court ruled that the defendants had attorned to jurisdiction, and default judgment was granted when they failed to file a Response to Civil Claim (RTCC).
2. Jurisdiction of Associate Judge – The defendants argued that Associate Judge Muir lacked jurisdiction to set aside the default judgment. The court rejected this argument, concluding that an associate judge could rule on such matters under the Supreme Court Act and the Supreme Court Civil Rules.
3. Failure to File RTCC & Alleged Non-Disclosure – The defendants contended that the time to file a response had not expired and that the plaintiff failed to disclose material facts. The court found that the deadline had passed and that there was no duty of full disclosure in a default judgment application.

Conclusion & Costs:
The appeal was dismissed, upholding the default judgment in favor of Alan Gilbert Smith. The court awarded Smith costs payable forthwith after assessment.