37. No application can be made to the Fonds in respect of a judgment rendered by default to appear or to plead, on confession of judgment, by consent, or in the absence of the defendant or his attorney, unless thirty days’ notice of the plaintiff’s intention so to proceed has been given to the Fonds. The Fonds may then intervene in the case and set up any ground of defence that the defendant might have set up without regard to any consent or confession of judgment.
R. S. 1964, c. 232, s. 41.