Monday, November 18, 2013

Setting Aside Default Judgment

Royal Bank of Canada v. Datanet Wireless Inc., 2013 ONCA 706:
[3]          The motion judge explicitly addressed the applicable pre-requisites for the setting aside of a default judgment, as described in HSBC Securities (Canada) Inc. v. Firestar Capital Management Corp., 2008 ONCA 894, 245 O.A.C. 47, leave to appeal to S.C.C. refused (2009), 399 N.R. 398 (note) (S.C.C.), Morgan v. Toronto (City) Police Services Board (2003), 34 C.P.C. (5th) 46, 169 O.A.C. 390 (C.A.) and related authorities.  He considered all the relevant factors in the context of the evidentiary record before him and concluded that the appellant had failed to satisfy any of the requirements for the setting aside of the judgment in question. He found that the appellant: (1) failed to provide a satisfactory explanation for her failure to appear on the motion to strike her statement of defence; (2) failed to furnish an adequate explanation for her delay of at least four months in moving to set aside the default judgment; and (3) failed to demonstrate that she had an arguable defence to the respondent's action.

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