The defendant brought a motion to set aside a default judgment in a debt collection action arising from a loan advanced for a real estate purchase abroad.
The court considered the established factors governing relief from default judgment, including promptness of the motion, explanation for the default, and whether the defendant had an arguable defence on the merits.
Although the court accepted that the motion was brought with some explanation for the procedural default, it found that the proposed defences lacked an air of reality.
The defendant admitted borrowing the funds and partially repaying the loan, and the alleged criminal interest and limitation period defences were unsupported because the plaintiffs sought only repayment of principal and the defendant had acknowledged the debt within the limitation period.
The motion to set aside the default judgment was dismissed and the cross‑motion for summary judgment was rendered moot.
