Is a default judgment for foreclosure an exceptional relief?

It is important to emphasize that setting aside a default judgment for foreclosure is exceptional relief, and the outcome in Winters v. Hunking turns on its facts. The motion judge’s decision was discretionary and entitled to deference. The issue is whether a decision whether to set aside a default judgment for foreclosure is whether the equities in favour of the mortgagor outweigh those in favour of the mortgagee or – to the same effect, adopting the language pertaining to setting aside default judgments, generally – whether the decision to set aside the order leads to a just result in all the circumstances.