What is the legal test for setting aside a final order?

Nova Scotia, Canada

The following excerpt is from Temple v. Riley, 2001 NSCA 36 (CanLII):

The Rules with regard to dealing with final orders are procedural. As well, various other Civil Procedure Rules allow for the amendment of orders no less final than an order for assessment of damages. For example, Rule 12.06 allows for setting aside of a default judgment. A default judgment entered for liquidated damages has no less effect than a separate order for damages. Rules 37.11 and 37.13 also allow for the setting aside of an order. Finally, in Gabriel v. Cameron, supra, this court made it clear that the appropriate way to seek to set aside an order such as this is to make an application under Rule 30.01(3). Thus, I conclude that the chambers judge erred in failing to take jurisdiction under Rule 30.01(3) and that on the merits of the application he ought to have set aside his previous order(s).

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