When will a judge set aside a default order?

[5] . . . I acknowledge the fundamental principle that the court must act fairly and be seen to act fairly as between the parties and to determine the best interests of the child. In such a case as this, the best interests of the child are better met by a hearing on the merits with evidence tendered by both parties. . . . In my view, the respondent’s errors were a series of errors that amount to an “accident”, the word used in clause 15(14)(e). Justice Little therefore set aside the default order. Similarly in Leifo v. Leifso, supra, Justice O’Dea, adopting Justice Little’s reasons, concluded that he had jurisdiction to set aside the final order in the circumstance of that case.