The defendant brought a motion to set aside an order noting him in default and to vary or set aside the order pursuant to Rules 19.08, 19.03, and 37.14 of the Rules of Civil Procedure.
The court reviewed the circumstances leading to the default, including the defendant’s failure to retain new counsel or file a notice of intention to act in person after his counsel was removed from the record and his decision to leave the country shortly before a motion to strike his defence was heard.
The defendant provided no satisfactory explanation for failing to attend the motion or arrange representation despite receiving notice that the opposing party would not consent to an adjournment.
The court held that the defendant failed to demonstrate an adequate explanation for the default or establish the necessary factors to justify setting aside the noting in default.
The motion was dismissed and costs were awarded to the plaintiff.
