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  • Setting Aside a Default Order or an Order Noting a Party in Default in . . .
    A court may set aside an order that has noted a party in default and or an order made on an uncontested trial, pursuant to R 25(19)(e) of the Family Law Rules, O Reg 114 99: Gray v Gray , 2017 ONCA 100 , at paras 26-32
  • Ontario Court Confirms Low Threshold for Setting Aside Default Judgment
    In 2355305 Ontario Inc v Savannah Wells Holdings Inc , 2019 ONSC 1220, the Ontario Superior Court of Justice recently confirmed the relatively low threshold for the granting of a motion to set aside the noting in default of a defendant, and the cost consequences that can accrue to a defendant that waits to bring such a motion
  • “I defaulted, now what?”: The Confusion Regarding Challenging Family . . .
    This test provides the clearest, most consistent, and fairest mechanism for the court to decide when to set aside any default order By removing the concept of “noting in default”, the Family Law Rules were supposed to be easier to understand and navigate; the Hilton decision shows more clarity is needed
  • Setting Aside Orders in Family Court | Devry Smith Frank LLP
    One line of cases relied on section 25(19) of the Family Law Rules to set aside orders, which allows the court to “change” orders based on a list of factors, despite the rule making no explicit mention of “setting aside” an order
  • Dealing With Default - Weilers LLP
    Not every default judgment will be set aside on a motion There are situations where, after examining the facts and the five factors, the motions judge will decide that re-opening the case would be unfair, or an abuse of process
  • Setting Aside Final Family Orders - MacLean Family Law
    According to Section 200 (2) of the Family Law Act, S B C 2011, c 25 [FLA], if an order was made in the absence of a party, the court, in accordance with the Supreme Court Family Rules or the Provincial Court Family Rules, as applicable, may change, suspend or set aside the order
  • Chapter: Rule 19 (Default Proceedings) - CanLII
    Setting Aside Noting of Default and Default Judgment: Test and Principles Different test in Setting Aside Noting in Default vs Default Judgment 1 Summary: Default Proceedings A plaintiff starts a lawsuit by going to court to have a Statement of Claim issued
  • Canada: Setting Aside Orders in Family Court - Law Cer
    In Canada, family courts have the power to overturn orders in situations where there has been a major change in circumstances or if it is in the best interests of the child It is crucial to seek legal advice to fully comprehend your options and effectively navigate the process
  • Civil Litigation - Default Judgments - Setting Aside - ISTHATLEGAL. CA
    In 828343 Ontario Inc v Demshe Forge Inc (Div Ct, 2021) the Divisional Court considered an interesting case where through apparent inadvertence by counsel a default judgment was obtained (without the defendant being served of with an earlier assignment court date)
  • DISPOSITION WITHOUT TRIAL RULE 19 DEFAULT PROCEEDINGS NOTING . . . - Courts
    CONSEQUENCES OF NOTING DEFAULT 19 02 (1) A defendant who has been noted in default, (a) is deemed to admit the truth of all allegations of fact made in the statement of claim; and (b) shall not deliver a statement of defence or take any other step in the action, other than a motion to set aside the noting of default





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