What is the test for a motion to set aside a default judgment?

Ontario, Canada


The following excerpt is from Bond v Deeb, 2013 CanLII 54599 (ON SCSM):

15. I agree with the plaintiff’s submission that on a motion of this type, the analysis called for under rule 11.06 applies. In effect the test is that which applies on a motion to set aside a default judgment: see Sharma v. Giffen LLP, [2012] O.J. No. 5800 (Sm. Cl. Ct.), at para. 20. Assuming the motion is brought promptly, the moving party must satisfactorily explain her default and establish a meritorious claim or in other words a claim which has a meaningful chance of success at trial. If a plaintiff fails to establish that hers is such a claim, there is no reason why the court would exercise its discretion under rule 17.01(4) to set aside the judgment dismissing the action.

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