Noting default and sharp practice

Male v. The Business Solutions Group, 2013 ONCA 382:

[19]       The publication issued by the Advocates' Society, entitled The Principles of Civility for Advocates, has been endorsed by this court on a number of occasions.  Section 19 provides:

19. Subject to the Rules of Practice, advocates should not cause any default or dismissal to be entered without first notifying opposing counsel, assuming the identity of opposing counsel is known.

[20]       We note the exchange in the argument before Ramsay J. mere hours before respondent's counsel noted the appellants in default, when counsel said: "I have told him that I intended to sign, note them in default and move for judgment, but in the meantime, like, I expect he is going to defend on – at some point, on some basis.  And I don't want to take advantage of the defendants' lawyer's mistake."