Michalyshyn j

9.13: Re-opening case

Case Summary

Justice Michalyshyn dismissed an Application by the self-represented Defendant to open up a Default Judgment obtained by the Plaintiffs. The Defendant sought to reargue her original Application under the guise of Rule 9.13. His Lordship noted that Rule 9.13 provides that at any time before a Judgment or Order is entered, the Court may vary the Judgment or Order or, on Application hear more evidence and change or modify its Judgment or Order or reasons for it, if the Court is satisfied that there is good reason to do so. On the record and circumstances before the Court, Justice Michalyshyn held that the Defendant failed to meet the test. There was nothing in the catalogued materials that was not already before Michalyshyn J. in substance by the time of the previous hearing which was relevant or material to the Defendant’s Rule 9.13 Application, or which was not simply incomprehensible. The Application was therefore dismissed.

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