Can a party relying on rule 52.01(3) set aside a default judgment?
Ontario, Canada
The following excerpt is from Toney v. Singh, 2011 ONSC 746 (CanLII):
I should point out that in Stabile v. Milani, the party relying on rule 52.01(3) had already been required to set aside a default judgment. Then, when the matter came back to trial, she failed to appear because the estate which bore the liability was judgment proof. Ten years later, when the administration of the estate was attacked and it appeared that she might be personally liable, she attempted to set the judgment aside. It is in that context that the judge said what is quoted above.
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