In what circumstances will the court order a lawyer not to advise opposing counsel before taking steps to note a defendant in default?

In Garten v. Kruk, 2009 CanLII 58071 (ON SCDC), [2009] O.J. No. 4438 (Div. Ct.) the court was dealing with the appeal of an order refusing to set aside a noting in default where the plaintiff’s lawyer refused to warn the defendant’s lawyer of his plan to do so. The court determined at paragraphs 26-27 that costs thrown away were incurred as a result of the plaintiff taking advantage of a slip by the defendant’s lawyers and quoting from the above provision of the Rules of Professional Conduct stated: “Counsel have obligations to deal with each other fairly and not to take advantage of missteps by opposing counsel” and “Counsel for the plaintiff had a professional duty to advise opposing counsel before taking steps to note the defendant in default”. The court’s message at paragraph 29 was that a failure by the court to intervene in such circumstances “reinforces what is sharp practice.”