In what circumstances can a defendant set aside a default judgment?
Alberta, Canada
The following excerpt is from HSBC Bank Canada v. Billett, 2012 ABQB 782 (CanLII):
In Edwards v. Ferris 2001 CarswellAlta 1743, 2001 ABQB 1125, [2002] 4 W.W.R. 363, 99 Alta. L.R. (3d) 370, 316 A.R. 40, Justice Slatter, as he then was, noted that it was an unusual application where the plaintiff was the one seeking to set aside a default judgment. He reviewed the circumstances under which a defendant may successfully set aside a default judgment. Because the plaintiff who takes a default judgment must do so deliberately and intentionally, the plaintiff must show a good reason why the default judgment should be set aside.
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