How has the Rule of Civil Procedure been interpreted and interpreted in the context of a default judgment?
Saskatchewan, Canada
The following excerpt is from Prairie Drug Co. Ltd. v. Rabinovitch, 1929 CanLII 183 (SK CA):
After the Rule had come into existence, Fry, J., in Wright v. Clifford (1878) 47 L.J. Ch. 543, 26 W.R. 369, upon the application of the plaintiff, set aside thereunder a judgment obtained against him in default of appearance at the trial, his solicitor having deposed that he had deferred instructing counsel to appear thereat owing to his not unreasonable but erroneous belief that the action had been settled.
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