What is the test for a motion to set aside a judg ment regularly entered?

Manitoba, Canada


The following excerpt is from Bank Canadian National v. Krause and Krause, 1979 CanLII 3152 (MB QB):

2 The tests to be applied in these applications were atated in De Rzonca v. Kummerfield et ux (1956), 19 W.W.R. (N.S.) 577, by Beaubien, J.A., when he said at p. 579: In order to succeed on a motion to set aside a judg ment regularly entered the applicant must proceed as soon as possible after the judgment comes to his know ledge. Mere delay will not be a bar to the application unless an irreparable injury will be done to the plain tiff or the delay has been wilful. The application should be supported by an affidavit setting out the circumstances under which the default arose. It is not sufficient to merely state that the applicant has a good defence on the merits; the affidavit must show the nature of the defence and set forth facts which will enable the court or a judge to decide whether or not there is a matter which affords a defence to the ac tion.

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