Associate Justice Glick

The defendant brought a motion to set aside a noting in default and default judgment in a mortgage enforcement action.

The court found that the default judgment was irregularly obtained because the plaintiff noted the defendant in default one day prematurely under the computation of time rules, and because the plaintiff failed to attempt personal service before using an alternative to personal service.

Alternatively, the court applied the Mountain View criteria and found it was in the interests of justice to set aside the default judgment, as the defendant moved promptly, had a plausible excuse for the default, and raised an arguable defence.

The motion was granted and the default judgment was set aside.

The respondents brought a motion to dismiss the applicant's proceeding under a not-for-profit corporations statute for failure to pay a prior costs award of $33,265.90.

The self-represented applicant failed to attend two hearing dates and took no steps in the matter since July 2025.

Rather than immediately dismissing the application, the court stayed the proceeding and gave the applicant sixty days to pay both the outstanding costs award and additional motion costs of $12,880.21, failing which the application would be dismissed without further notice.

The court balanced the applicant's access to justice against the respondents' right to have court orders enforced, noting that a not-for-profit temple dependent on donations was prejudiced by the ongoing unpaid costs.