Set-Aside Default Judgement (ROCP): Difference between revisions
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(Created page with "Category:Rules of Civil Procedure (Ontario) ==R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE<ref name="ROCP"/>== 38.11 (1) A party or other person who is affected by a...") |
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<ref name="ROCP">R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, reterived 2020-11-06</ref> | <ref name="ROCP">R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, reterived 2020-11-06</ref> | ||
==Fresh Network v. Alessandro, 2004 CanLII 30078 (ON SC)<ref name="Alessandro"/>== | |||
<ref name="Alessandro">Fresh Network v. Alessandro, 2004 CanLII 30078 (ON SC), <http://canlii.ca/t/1htph>, retrieved on 2020-11-06</ref> | |||
==References== | ==References== | ||
Revision as of 20:33, 6 November 2020
R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE[1]
38.11 (1) A party or other person who is affected by a judgment on an application made without notice or who fails to appear at the hearing of an application through accident, mistake or insufficient notice may move to set aside or vary the judgment, by a notice of motion that is served forthwith after the judgment comes to the person’s attention and names the first available hearing date that is at least three days after service of the notice of motion. R.R.O. 1990, Reg. 194, r. 38.11 (1); O. Reg. 132/04, s. 10; O. Reg. 55/12, s. 3.
- (2) A motion under subrule (1) may be made,
- (a) at any place, to the judge who granted the judgment;
- (b) at a place determined in accordance with rule 37.03 (place of hearing of motions), to any other judge;
- (c) to the Divisional Court, in the case of a judgment of that court. R.R.O. 1990, Reg. 194, r. 38.11 (2).
- (3) On a motion under subrule (1), the judgment may be set aside or varied on such terms as are just. R.R.O. 1990, Reg. 194, r. 38.11 (3).
Fresh Network v. Alessandro, 2004 CanLII 30078 (ON SC)[2]
References
- ↑ 1.0 1.1 R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, reterived 2020-11-06
- ↑ 2.0 2.1 Fresh Network v. Alessandro, 2004 CanLII 30078 (ON SC), <http://canlii.ca/t/1htph>, retrieved on 2020-11-06
