Legal Blog

Set Aside Noting of Default

Franchetti v. Huggins 2022 Ont CA

This case again sets out the governing principles in determining a motion to set aside a noting of default: parties’ behaviour, length of defendant’s delay, reasons for it, complexity and value of the claim, prejudice, and whether the defendant has an arguable defence on the merits.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.