Can a motion to set aside an order obtained on default receive no costs?

Ontario, Canada


The following excerpt is from Barth v. Taylor, 2021 ONSC 4190 (CanLII):

The respondent cites the case of Candido-Gregorio v. Gregorio, 2019 ONSC 1549 (S.C.J.) as an example of a case where no costs were awarded following a successful motion to set aside an order obtained on default.

Other Questions


Is a plaintiff entitled to both costs and costs of a motion to set aside a default judgment? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the procedure for obtaining costs from a party seeking to obtain an Order of Appeal for the release of this Endorsement? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
What are the costs of obtaining a motion for motion in the DeFranceschi Family Law Application? (Ontario, Canada)
What is the law relating to motions for an order setting aside an administrative dismissal order? (Ontario, Canada)
In what circumstances will the court grant a motion to set aside an interim sealing order and publication ban obtained without notice to the media? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
What are the consequences of a Director's Delegate's Order and Order to quash or to set aside or quash the two orders and decisions? (Ontario, Canada)
What are the costs of a motion to set aside a noting in default? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.