Is there any case law where an applicant was served with a notice of trial by both parties?
Alberta, Canada
The following excerpt is from Morrison-Ebelher v. Ebelher, 2009 ABQB 168 (CanLII):
In Raimundo v. Huculak, the chambers judge was asked to set aside a default judgment pursuant to Rule 158. The applicant had been served personally with the statement of claim, was noted in default and later, personally served with the notice of trial. He did not deny having notice of the various steps but provided affidavit evidence in which he explained his failure to respond and appear. The judgment is silent as to the timing of the application.
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