How has Perrel J. OJ No. 178 considered whether a defendant has consented to having the action set down for trial?

Ontario, Canada


The following excerpt is from Lue v TD Bank Financial Group, 2015 ONSC 6288 (CanLII):

Six year later, Perrel J. again considered the issue in Vadivelu v. Sundaram, [2015] OJ No. 178, where he found that the defendant had consented to having the action set down for trial. As a result, he agreed that leave was needed and he went on to consider whether it should be granted. He did not, however, indicate how the defendant manifested his consent.

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