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ARTICLE · 25 NOVEMBER 2016

Court Sets Aside Judgment Obtained at Uncontested Trial

Minden Gross LLP
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In a rather unusual case, an Ontario Superior Court judge has set aside a default judgment that was obtained at an uncontested trial where the defendant intentionally decided not to show up.

CanadaLitigation, Mediation & Arbitration
Minden Gross LLP
Minden Gross LLP
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In a rather unusual case, an Ontario Superior Court judge has set aside a default judgment that was obtained at an uncontested trial where the defendant intentionally decided not to show up.

In September 2015, the lawsuit was set down for trial for the week of April 18, 2016. In the first week of March 2016, the defendant’s lawyer informed her that they would not represent her at trial and the defendant signed a Notice of Intention to Act in Person shortly thereafter.

The defendant tried to obtain new counsel without success from March 4 to March 18. She then wrote to the plaintiff’s lawyer on March 22, 2016, requesting an adjournment of the trial. The request was refused on the basis that the defendant had allegedly “fired” her lawyers for tactical reasons.

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