What are the elements of a noting of default motion?
New Brunswick, Canada
The following excerpt is from Bob's Backhoe Service Ltd. v. First Farm Inc., 1993 CanLII 4704 (NB CA):
The judge hearing the motion misapplied the rule enunciated in Walker v. McNulty. The most important elements, a defence on the merits, a continuing intention to defend and an application to the court to set aside the noting of default within a reasonable time, were present.
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