In Alessandro v. Briggs (Div Court, 2024) the Divisional Court considered an appeal against a refusal to set aside an order, here an order striking the appellant's defence [RCP 37.14]:
[3] The motion giving rise to the Decision was brought under r. 37.14(1)(b) of the Rules of Civil Procedure. Under that subrule, an order may be set aside if a party fails to appear on a motion through accident, mistake or insufficient notice. As set out in the Decision, Mr. Alessandro’s explanation for failing to attend the hearing before Abrams A.J. was not accepted. Callaghan J. further concluded that Mr. Alessandro did not move forthwith after the order was made, that there was prejudice, and that the proposed defence to counterclaim had little merit. He therefore did not exercise his discretion to grant the motion to set aside.
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
