The appellants appealed the dismissal of their motion to set aside a default judgment in a wrongful dismissal action.
The appellants' statement of defence had been struck after they failed to attend a motion hearing, and they were subsequently noted in default.
The motion judge dismissed their motion to set aside the default, finding that the circumstances leading to the default had not been adequately explained and that setting aside the judgment would prejudice the respondent and impair the integrity of the justice system.
The Court of Appeal upheld the motion judge's decision, finding that the appellants' pattern of delay and failure to attend court proceedings justified the refusal to set aside the default judgment.
