Can a default judgment be set aside?
Ontario, Canada
The following excerpt is from Horner v. 897469 Ontario Inc., 2018 ONSC 7529 (CanLII):
The Plaintiff relies on Marché D’Alimentation Denis Thériault Ltée v. Giant Tiger Stores Limited, 2007 ONCA 695 (CanLII) for the principle that when the lawyer’s conduct amounts to negligence and exposes the lawyer to liability to the client, refusing an indulgence such as setting aside a default judgment will not deny the client a legal remedy. On the other hand, granting the indulgence could give the impression of the legal system “protecting its own” and bring the administration of justice into disrepute.
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