August 27, 2019 – Setting Aside Default Judgment

“It is clear from Page-Cole v. Cole [2009] O.J. No. 4386 that a Motion to set aside a default judgment obtained in a family law proceeding must by analogy meet the requirements of Rule 19.08 of the Rules of Civil Procedure as is permitted by Rule 1 (7) of the Family Law Rules Diciaula v. Mastrogiacomo (2006) 2006 CanLII 11928 (ON SCDC)25 C.P.C. (6th) 107. The moving party must meet three criteria:

1)  The motion to set aside a default judgment should be made as soon as possible after the party becomes aware of the judgment;

2)  The material must set out the circumstances under which the     default arose that give a plausible explanation for the default; and

3)  The material must set forth facts to support the conclusion that there is at least an arguable case to present on its merits.”

Hesse v. Hesse,2010 ONSC 4690 (CanLII) at 14