Anna Esposito

The appellants appealed an order of the Divisional Court.

The Court of Appeal amended its previous endorsement to permit the appellants to raise the issue of the appropriate interest rate when the respondent's claim for additional amounts proceeds.

The principal amount of the judgment was varied from $2,536,789.00 to $336,409.34, with writs of seizure and sale and registered liens remaining in place pending trial or settlement.

The appellants appealed an order of the Divisional Court regarding a motion to set aside a noting of default and default judgment.

The Court of Appeal found no evidence to support a defence for the conceded construction costs of $336,409.34, but found evidence capable of supporting a defence for the remainder of the respondent's claims.

The Court varied the principal amount of the default judgment from $2,536,789.00 to $336,409.34 and allowed the respondent's claim for the additional amounts to proceed, while maintaining the writs of seizure and sale and registered liens pending trial.