What is the test for setting aside a noting for default and for a statement of defence?

Saskatchewan, Canada


The following excerpt is from Mutual Trust Co. v. Cherpin, 1990 CanLII 7346 (SK QB):

Malone, J.: This is an application to set aside a noting for default and for an order granting the applicant leave to file a statement of defence. In order for the applicant to be successful, he must meet the criteria set out by Lamont, J.A., in Klein v. Schile, 1921 CanLII 107 (SK CA), [1921] 2 W.W.R. 78 and in particular the statement of principle contained at p. 80 as follows: "If the application is not made immediately after the defendant has become aware that judgment has been signed against him, the affidavits should also explain the delay in making the application; and, if that delay be of long standing, the defence on the merits must be clearly established."

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