What is the test for a motion to set aside default judgment?
Ontario, Canada
The following excerpt is from TD Canada Trust v. Chapel Hill Pet Studio Inc., 2008 CanLII 51475 (ON SC):
It has been held that in considering a motion by a defendant to set aside default judgment, the court will consider three factors, namely: (1) The motion to set aside default judgment was made as soon as possible after the defendant became aware of the judgment; (2) The circumstances giving rise to the default are adequately explained; (3) There must exist a triable defence on the merits (Skendos v. Igbinosun, [1998] O.J. No. 657 at para. 3).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a motion to set aside a default judgment? (Ontario, Canada)
Is a plaintiff entitled to both costs and costs of a motion to set aside a default judgment? (Ontario, Canada)
Is a plaintiff entitled to pursue an appeal of a judgment as well as a motion to set aside the judgment at the same time? (Ontario, Canada)
In what circumstances will a default judgment be set aside? (Ontario, Canada)
Does a successful motion for a default judgment need to also contain costs? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
What are the principles governing the exercise of discretion to set aside a default judgment? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
What is the test for a default judgment motion? (Ontario, Canada)
Can a default judgment be set aside? (Ontario, Canada)
