What is the test for setting aside an order under Rule 22-1(3)?
British Columbia, Canada
The following excerpt is from Aggoune v Maple Leaf Property Management, 2020 BCSC 1546 (CanLII):
An applicant wishing to have an order set aside under Rule 22-1(3) must satisfy the three-part test in CMHC v. Bhalia, 2008 BCSC 1352 at para. 26 [CMHC]: 1. the applicant must not be guilty of any wilful default in respect of the non appearance; 2. the application to set aside must have been made as soon as reasonably possible; and 3. the applicant must show that there is a meritorious defence to the action or at least a defence worthy of investigation.
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