Christopher E. Clermont

The moving defendants, an elderly couple, brought a motion to set aside a default judgment obtained against them four years prior.

They discovered the judgment when attempting to refinance their home and faced potential mortgage enforcement proceedings.

The defendants denied being served with the statement of claim and provided an arguable defence, asserting that a signature on a dishonoured cheque was forged.

The court found the defendants moved reasonably promptly given the COVID-19 pandemic, provided a plausible explanation for the default, and raised an arguable defence.

The court set aside the default judgment, emphasizing the preference for determining disputes on their merits, and awarded the plaintiffs $1,500 in costs thrown away.

The plaintiff, a former probationary employee of the defendant, sued for negligence and breach of a duty of good faith after the defendant failed to fully complete a verification of experience form required for the plaintiff to obtain a nursing license in the Northwest Territories.

The defendant brought a motion to strike the statement of claim for disclosing no reasonable cause of action.

The court granted the motion, finding that the employment contract had been terminated during the probationary period and there was no recognized duty of care requiring a former employer to provide a reference or complete such forms.

The statement of claim was struck with leave to amend.