The plaintiff obtained a default judgment against the defendants after a series of procedural irregularities and without notifying the defendants' counsel, despite knowing the defendants were represented.
One of the key defendants subsequently died.
The defendants successfully moved to set aside the default judgment but their motion to dismiss the action for delay was denied.
On appeal, the Divisional Court upheld the setting aside of the default judgment due to the plaintiff's counsel's sharp practice.
The Court allowed the defendants' appeal and dismissed the action for delay, finding the 11-year delay was inordinate, inexcusable, and caused substantial prejudice to the defendants due to the death of the key defendant.
