What are the costs of a motion to set aside a noting in default?
Ontario, Canada
The following excerpt is from CARREIRO v SKRZECZKOWSKA, 2021 ONSC 4793 (CanLII):
In some instances, particularly where it is found that the motion to set aside the noting in default and the default judgment ought to have proceeded on consent, the court orders a set-off on costs – an award of costs in favour of the moving/defaulting party, minus something in favour of the plaintiff representing its costs thrown away. B.A. Construction v. 2012221 Ontario Ltd., 2014 ONSC 2681.
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