The Defendant Appellant sought leave to Appeal a Case Management Judge’s Order that imposed terms for setting aside a Noting in Default. Those terms related to the payment of thrown away Costs and the posting of Security for Costs by the Defendant. 

McFadyen J.A. indicated that the Judge is given a broad discretion to impose terms that the Judge considers appropriate when issuing an Order setting aside a Noting in Default or a Default Judgment. The Court rejected the Appellant’s suggestion that when a Defendant alleges lack of sufficient funds, the Judge setting aside a Noting in Default or Default Judgment is precluded from imposing any monetary terms relating to Costs. McFadyen J.A. concluded that the Judge’s Decision was reasonable in the circumstances and dismissed the Application for leave to Appeal.