The limitation in UCPR r 36.16(3) — which excludes from the court's power to set aside orders that dismiss proceedings — does not apply where the notice of motion is filed within 14 days under subrule (3A). In that situation, the power arises under the combined operation of subrules (1) and (3A), and subrule (3) only limits the separate additional power it confers. However, even where the power exists, the principle of finality of litigation requires exceptional circumstances for reopening, and matters that could have been raised in the original proceedings will not suffice.
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