The moving party sought to set aside a default judgment obtained by the plaintiff bank.
The court applied the established three-part test requiring the defendant to show an arguable defence on the merits, a reasonable explanation for the default, and prompt action to set aside the judgment.
The court found the moving party failed to explain its failure to defend the action despite prior knowledge of the proceedings and advice to obtain legal counsel.
The affidavit evidence also failed to address alternative claims pleaded in the statement of claim, leaving no arguable defence.
The motion was dismissed and the default judgment remained in place.
