Christopher Moore

The defendant brought a motion to set aside a noting of default in a slip and fall action.

The plaintiff had commenced the action beyond the two-year limitation period and noted the defendant in default after the defendant's insurer closed its file due to a miscommunication.

The court applied the test for setting aside a noting of default, considering the behaviour of the parties, the reasons for delay, the complexity of the claim, and prejudice.

The court found that the defendant had a continuing intention to defend, the delay was adequately explained, and the defendant would suffer clear prejudice if not allowed to defend.

The motion was granted, and the noting of default was set aside with no order as to costs.

The appellants appealed the Engineer's Report and the decision of the Court of Revision regarding the David Adams Municipal Drain.

The dispute originated from an unauthorized dam constructed by the appellant Grinnell, which caused upstream flooding and inadvertently created a heron rookery and enhanced fish habitat.

The appellants argued the costs of the drainage works, which included significant environmental mitigation measures, were not commensurate with the benefits, and challenged their specific assessments.

The Tribunal found that the benefits of the project extended to the regional community and upheld the overall project.

However, the Tribunal reduced the Campbell assessment due to an area calculation error, reduced Grinnell's special benefit assessment for culverts to account for a pre-existing crossing, and shifted the cost of the heron rookery mitigation from Grinnell to the Municipality.