Law360 Canada ( February 9, 2026, 9:42 AM EST) -- Appeal by appellant from an order setting aside a default judgment and subsequent damages assessment (Set Aside Order). The appellant obtained default judgment for damages to be assessed and an order assessing damages at $150,000 after the respondent failed to file a response to a civil claim. The respondent later applied to set aside both orders, and the application was heard in the appellant’s absence. The appellant argued that the Set Aside Order should be reversed because it had no actual notice of the application, the judge applied the wrong legal test, and applying the correct test would require reinstating the judgment. The appellant contended that actual notice was required and that the Miracle Feeds test did not apply once damages were assessed. The appellant’s argument was that the judge erred in addressing the second element of the test, which was when the respondent became aware of the order in question. The respondent submitted that service was proper, actual notice was unnecessary, and the judge correctly applied the Miracle Feeds test. The issues were whether the appeal was properly brought without reconsideration, whether the judge erred in proceeding without the appellant, whether the Miracle Feeds test governed applications to set aside default judgments after damages were assessed, and whether the judge erred in applying that test....