Can a judgment entered in a personal injury case be set aside?
Manitoba, Canada
The following excerpt is from Fowler v. Thomson, 1986 CanLII 4976 (MB QB):
As a general rule, where there is no reservation of any kind in a judgment, upon the entry thereof, the court becomes functus officio. See Andler v. Duke (No. 2), [1932] 1 W.W.R. 672 (B.C.). Nevertheless, the defendant submits that the judgment entered was in the nature of a default judgment, which can be set aside under the Rules, and that, in any event, this is a proper case whereby the judgment can be set aside pursuant to the court's inherent jurisdiction.
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