What is the test for a motion to have an order reconsidered pursuant to Rule 3 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Ficocelli v Henderson, 2017 BCSC 2024 (CanLII):
To have an order reconsidered pursuant to subrule (3), the applicant “bears the onus of establishing that the failure to appear was not blameworthy”. The applicant must satisfy three conditions. First, that he or she is not guilty of wilful delay or default. Second, that he or she has brought the application for reconsideration as soon as reasonably possible. And third, that he or she has shown a meritorious defence or at least a defence worthy of investigation: Rangi v. Rangi, 2007 BCCA 352 [Rangi] at para. 73.
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