Following a judgment by default, the losing party can request the revocation of the judgment if, for a valid reason, the party was unable to file a defence within the time limit or attend the hearing on the date scheduled.
This is known as a “revocation of judgment”.
A revocation of judgment is not an appeal, and a judgment cannot be revoked on the grounds that the judge committed an error of law.
An application for the revocation of a judgment must be made under oath using the form Application for revocation of a judgment (PDF 298 Kb). The losing party has 30 days from the date on which he or she became aware of the judgment to file the application with the clerk. No application can be received more than 6 months after the date of the judgment.
The application, once filed, is examined by the judge, who decides whether it is admissible and whether or not a new trial is necessary.
