Alaa Noui

The Taha Defendants moved to set aside a noting in default and dismiss the plaintiffs' motion for default judgment.

The court found the Taha Defendants' evidence admissible despite being hearsay based on context.

Applying the detailed test for setting aside a noting in default from *Trayanov v. Icetrading Inc.*, the court concluded that the Taha Defendants met the onus, considering the short delay, reasons for delay (financial), complexity of the claim, and arguable defence.

The court denied the plaintiffs' request for security for costs, finding it would likely bar the defendants from defending and would unjustly prefer the plaintiffs over existing judgment creditors.

The noting in default was set aside on terms that the Taha Defendants pay the plaintiffs' costs and serve their statement of defence within strict timelines.

The defendants brought a motion to strike portions of the plaintiff's affidavit filed in support of an upcoming summary judgment motion, arguing the statements were hearsay and failed to state the source of information and belief as required by Rule 39.01(4).

The plaintiff argued the sources were discernible from the exhibits attached to the affidavit.

The court declined to strike the statements, provided the plaintiff files a supplementary affidavit within 10 days explicitly stating the sources.

The defendants were awarded costs of $3,600 as the motion could have been avoided had the plaintiff provided the sources when requested.