Friday, May 11, 2012

Setting aside a noting in default is a discretionary order

1067609 Ontario Inc. (Turner's Garage) v. Schell, 2012 ONCA 310 is a useful source for the principle that the setting aside of a noting in default is discretionary:

[6]          Setting aside is a discretionary order.  We see no error in the motion judge's exercise of discretion in refusing to set aside the noting in default.  On the contrary, on the record before us, the motion judge was fully justified in dismissing the motion to set aside.

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