What is a motion to set aside a noting in default in Ontario?

If a defendant fails to file a defence within the required time, the plaintiff can have them noted in default, a formal step that can lead to default judgment without a trial. A defendant who has been noted in default, or against whom default judgment was obtained, can bring a motion asking the court to set that aside and let them defend the case properly. Courts generally look at whether the defendant has a reasonable explanation for missing the deadline, whether they moved promptly once they became aware of the problem, whether they have an arguable defence on the merits worth being heard, and whether setting it aside would seriously prejudice the plaintiff.

No single factor is automatically decisive; a compelling defence on the merits can sometimes outweigh a weaker explanation for the delay, and vice versa. Courts generally prefer deciding cases on their merits rather than by default wherever that's realistically possible, so this motion succeeds fairly often when brought promptly with a genuine defence to offer. Waiting a long time after learning about the default, or having no real defence beyond wanting more time, makes the motion much harder to win. Acting quickly once you learn you've been noted in default meaningfully improves your chances.