What is the test for opening up a noting for default and setting aside a default judgment?

Saskatchewan, Canada


The following excerpt is from Ballentyne v Benard, 2012 SKCA 23 (CanLII):

In his fiat, the chambers judge relied on Strange v. Saskatchewan, 2008 SKQB 481, in which Popescul J. (now C.J.Q.B.) identified the following criteria for opening up a noting for default and setting aside a default judgment (at para. 43): (1) the application is to be made as soon as possible after the judgment sought to be set aside comes to the attention of the applicant in the event of any delay, the applicant must justify and satisfactorily explain the reasons for the delay; (2) the applicant must provide a satisfactory explanation for his failure in responding to the claim; (3) the applicant must disclose the defence that raises arguable issues; and (4) the applicant must satisfy the court that an order setting aside the judgment will not seriously prejudice the party who has obtained the judgment.

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