In this case Hall J heard and appeal from the decision of an Associate Judge which itself was a review/appeal from the decision of a Registrar upon an application to have default judgment set aside so a Contracts Review Act defence could be raised. The borrower argued a Contracts Review Act defence based on the …
The lender obtained default judgment for possession after the borrower fell into arrears. The borrower then filed a motion seeking a stay and to set aside the default judgment. The hearing of the motion came before a Registrar and it soon became apparent there were no grounds for setting aside the default judgment with the …
The defendants sought to review the decision of a Registrar that default judgment should not be set aside and in lieu thereof sought an order that default judgment be set aside and an order for costs in favour of the defendants. The defendants were the McClymont family. By statement of claim filed 19 May 2003 the …
