Ontario, Canada
The following excerpt is from Gomes v Poulos, 2015 ONSC 5355 (CanLII):
Similarly in Stabile v. Milani Estate (2002), 117 A.C.W.S. (3d) 313, Molloy J. held that the authority under rule 52.01 to order a new trial should not be exercised where the defendant deliberately did not defend the trial. She wrote: Rule 52.01(3) gives jurisdiction to a judge of this court to set aside judgment granted against a party who failed to attend at trial. However, that rule is normally invoked in a situation where the party seeking to set aside the judgment failed to attend due to inadvertence. In my view it is not properly applied in a case where the defendant deliberately chose not to defend the trial, knowing full well that the trial would proceed in her absence and that judgment would result.
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