Test to Set-Aside a Default Judgement: Difference between revisions
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==O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT== | ==O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT== |
Revision as of 15:15, 11 February 2022
Caselaw.Ninja, Riverview Group Publishing 2021 © | |
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Date Retrieved: | 2024-05-19 |
CLNP Page ID: | 1869 |
Page Categories: | [Rule 11 - Default Proceedings (SCSM Rules)] |
Citation: | Test to Set-Aside a Default Judgement, CLNP 1869, <>, retrieved on 2024-05-19 |
Editor: | Sharvey |
Last Updated: | 2022/02/11 |
O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT
11.06 The court may set aside the noting in default or default judgment against a party and any step that has been taken to enforce the judgment, on such terms as are just, if the party makes a motion to set aside and the court is satisfied that,
- (a) the party has a meritorious defence and a reasonable explanation for the default; and
- (b) the motion is made as soon as is reasonably possible in all the circumstances. O. Reg. 78/06, s. 24.
Adam Macarthur Electrical Contracting Ltd. v Lamb Development Corporation, 2017 CanLII 37773 (ON SCSM)[2]
11. The test for setting aside a default judgment in Small Claims Court is set out in Rule 11.06, as follows:
- 11.06 The court may set aside the noting in default or default judgment against a party and any step that has been taken to enforce the judgment, on such terms as are just, if the party makes a motion to set aside and the court is satisfied that,
- (a) the party has a meritorious defence and a reasonable explanation for the default; and
- (b) the motion is made as soon as is reasonably possible in all the circumstances.
- ↑ O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT, <https://www.ontario.ca/laws/regulation/980258>, retrieved 2022-02-11
- ↑ 2.0 2.1 Adam Macarthur Electrical Contracting Ltd. v Lamb Development Corporation, 2017 CanLII 37773 (ON SCSM), <https://canlii.ca/t/h4c74>, retrieved on 2022-02-11