Redabe Holdings Inc. v. ICI Construction Corp 2017 Ont CA
As a general rule, a defendant is entitled to an order setting aside a default judgment if it is irregularly obtained – without imposition of terms other than, perhaps, costs. In this case, the appellant thought that there was an irregularity until discovering at the appeal hearing itself that the judgment was obtained with an appropriate affidavit that demonstrated sufficient evidence to warrant judgment. The appeal was dismissed, but without costs.
Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.