Is there any case law where a defendant deliberately fails to appear at trial?

Ontario, Canada


The following excerpt is from Gomes v Poulos, 2015 ONSC 5355 (CanLII):

In Allen v. 398827 Inc. (1985), 33 A.C.W.S. (2d) 46, the defendant failed to appear at trial and judgment was obtained against it. The motion to set aside the judgment was dismissed on a number of grounds, including the fact that there was no doubt that the defendant was aware of the trial date, was aware that the case was coming up and deliberately chose not to appear.

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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