Setting aside a Default Judgment in the Ontario Superior Court of Justice

On a motion to set aside a default judgment, the court considers a number of factors including the following key factors:

@ whether the motion was brought promptly after the defendant learned of the default judgment;

@ whether the defendant has a plausible excuse or explanation for the default;

@ whether the defendant has an arguable defence on the merits;

@ the potential prejudice to the defendant should the motion be dismissed, and the potential prejudice to the plaintiff should the motion be allowed; and

@ the effect of any order the court might make on the overall integrity of the administration of justice.

The above factors are not rigid rules. The court has to decide whether, in the specific circumstances of the case, it is just to relieve a defendant from the consequences of default. *

William Poulos, Barrister

* This blog is not a substitute for legal advice. Should you require legal advice a lawyer should be consulted to advise on the particular circumstances of your case.

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