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s 39.04

Varying or setting aside a judgment or order before it has been entered

In force
Chapter 5Judgments, costs and other general provisions
Part 39Orders
Division 39.1Judgments and orders

39.04 Varying or setting aside a judgment or order before it has been entered

(1)

The Court may vary or set aside a judgment or order before it has been entered.

(2)

If an interlocutory application for the setting aside or variation of a judgment or order is filed within 14 days after the judgment or order is entered, the Court may determine the application, and (if appropriate) set aside or vary the judgment or order under subrule (1), as if the judgment or order had not been entered.

(3)

Within 14 days after a judgment or order is entered, the Court may on its own initiative set aside or vary the judgment or order as if the judgment or order had not been entered.

(4)

Despite rule 1.39, the Court may not extend the time fixed by subrule (2) or (3) of this rule.

(5)

Nothing in this rule affects any other power of the Court to set aside or vary a judgment or order.

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