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
The following excerpt is from Waxman v. Waxman, 2006 CanLII 21796 (ON SC):
The reasoning of Sutherland J. was also adopted by Kitely J. in Debora v. Debora[9] wherein she concluded that a litigant is entitle to pursue an appeal of a judgment as well as a motion to set aside the judgment at the same time, when the allegations reflected issues which might be the subject of the appeal and which might be the subject of the set aside motion.
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