What is the test for setting aside a noting of default?

Ontario, Canada


The following excerpt is from Sualim v. Thomas, 2019 ONSC 837 (CanLII):

The court in Intact v. Kisel also states (at para. 9): 9 . . . [T]he test for setting aside a default judgment and the test for setting aside a noting of default differ.

This passage is essentially a reference to the fact that the test for setting aside a default judgment includes a consideration of whether the defendant has an arguable defence on the merits, which is not typically required on a motion to set aside a noting of default. As stated at the end of para. 13 of Intact v. Kisel, on a motion to set aside a noting of default, an arguable defence on the merits would only be required “in extreme circumstances”.

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