What is the test for setting aside a notation for default?
Saskatchewan, Canada
The following excerpt is from Budd v. Pioneer Co-operative Association Ltd., 1986 CanLII 3283 (SK CA):
Turning then to the merits of this appeal, while it is acknowledged that the trial of an issue should be permitted to proceed in most cases, there are occasions when the established criteria for setting aside a notation for default should be adhered to. The criteria include: (a) The application should be made as soon as possible after the notation comes to the attention of the defendant; (b) The application should be accompanied by an affidavit setting out the circumstances of default and indicating the nature of the defence on the merits. (See Klein v. Schile, 1921 CanLII 107 (SK CA), [1921] 2 W.W.R. 78.)
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