What is the test for making an application to set aside a final judgment?
Ontario, Canada
The following excerpt is from Dodge v. Dodge, 2007 CanLII 80075 (ON SC):
It has long been established law that delay (i.e. not moving promptly) in seeking to set aside a final judgment is an important factor to be considered before arriving at a conclusion in favour of the moving party: see Johnston v. Barkley (1905), 10 O.L.R. 724 (Div. Ct.). If the application is not made immediately after the defendant has become aware that judgment has been signed against him, the affidavits should also explain the delay in making the application; and, if that delay be of long standing, the defence on the merits must be clearly established.
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