Can a Minister bring an application to set aside an action where the pleadings are noted closed or a note of default is entered?

The Appellant cites Prince v. Bain and Mountain, [1948] O.W.N. 778 (H.C.) for the proposition that “where pleadings are noted closed or a note of default is entered an application to set such proceedings aside will be required before the minister could appear and defend”: Prince v. Bain and Mountain, supra, at 779-780. However, that case addresses the question of steps to be taken prior to the minister defending an action. It does not address the question of whether or not the minister could bring an application to strike an action for want of prosecution. Furthermore, it is an Ontario decision based on legislation which is different from that in force in Alberta. Specifically, that legislation lacks the equivalent of s.6(6) of the MVACA which allows the administrator to take any steps which the defendant could take. It is therefore not helpful in this analysis.