What is the test for a motion to set aside a noting of default?
Manitoba, Canada
The following excerpt is from New Generation Pork-Glossop Inc. v. The Puratone Corporation, 2009 MBQB 315 (CanLII):
In MPIC v. Landry, [2005] M.J. No. 264 (Man Q.B.) Greenberg J. concluded that decided cases established the following as factors to be considered on such a motion: 1) whether the defendant had an ongoing intention to defend; 2) whether the defendant adequately explained why there was delay in filing a defence; 3) whether the delay in filing a defence was willful; 4) whether the motion to set aside the noting of default was brought with dispatch; and 5) whether the delay in filing a defence caused prejudice to the plaintiff.
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