Supreme Court
Decision Information
Abstract: Motion to set aside judgment following a hearing for assessment of damages - Defendant claiming short notice for hearing - changed counsel one day prior to hearing - Defendant himself knew date of hearing in sufficient time - Defendant wanting to present evidence on damages and cross-examine Plaintiff on affidavit - No evidence of what the Defendant wished to present nor reason for delay in instructing counsel - subsequent fraud conviction of Plaintiff's deponent having no nexus to this case and therefore irrelevant - Trial Judge is functus officio as final decision was rendered regardless of whether formal judgment entered - any possible relief lies with Court of Appeal
Decision: Motion dismissed
Subjects: Civil procedure - Judgments and orders - Setting aside
Keywords: Judgments and orders - setting aside