Ketelaars v. Ketelaars, 2011 ONCA 349 is a brief but important decision. As a procedural matter the case holds a motion to set aside default is a condition precedent to an appeal from a judgment obtained on default. The Court holds:
[5] It is not necessary to deal with the compliance issue, because, as this Court has said, an appellant from such an order "must exhaust his [or her] remedies in the court of first instance before an appeal lies to this Court: Silvonen et al, Trustees of the Estate of Halow v. Halow, Sr. (2002), 59 O.R. (3d) 211 (C.A.) at para 7. There are procedures available in the Superior Court to change, vary or set aside such a default order. To the extent Gray v. Rizzi, 2010 CarswellOnt 7120 (S.C.J) suggests to the contrary, we disagree.
7 comments:
More lies. You probably made up the case. As if any judge would say this. Unless they are Marxists.
More lies said an Anonymous troll. It is amazing the trash one picks up when they run for public office.
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