The defendant brought a motion to set aside a default judgment obtained by the plaintiff.
The court applied the five principles from *Intact Insurance Co. v. Kisel*, considering promptness, plausible explanation for default, arguable defence, potential prejudice, and the integrity of the administration of justice.
The court found that the defendant satisfied the criteria, noting issues of sharp practice by plaintiff's counsel and an arguable defence regarding defamation and non-refundable deposits.
The motion was granted, setting aside the default judgment, and the defendant was ordered to file a statement of defence and, if applicable, a motion to challenge jurisdiction.
