What factors will be considered on a motion to set aside a noting in default?
Ontario, Canada
The following excerpt is from Sualim v. Thomas, 2019 ONSC 837 (CanLII):
Based on Intact v. Kisel, supra, the factors to be considered on this motion are as follows: 1. The conduct of the parties. 2. The length of the delay and reasons for the delay. 3. The complexity and value of the claim. 4. Whether setting aside the noting in default would prejudice the plaintiff.
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