TORONTO DOMINION BANK v HUNIK

This was an Application to set aside a Default Judgment. Master Prowse stated that the Court’s authority to set aside, vary or discharge a Judgment in Default of Defence under Rule 9.15(3) applies only to Judgments granted by the clerk on praecipe, and not to Judgments granted by a Master or Judge. Since this Judgment was granted by a Master, section 9.15(3) did not apply. Additionally, the Court held that section 9.15(1) did not apply as the Applicant had received notice of the Hearing and never intended to appear.