The defendant brought a motion to set aside a noting in default in a mortgage enforcement action.
The defendant had attempted to file a statement of defence within the permitted time, but it was rejected by the court due to formatting errors.
The court applied the Franchetti factors and found that while the defendant moved promptly, the proposed defence lacked merit as it merely outlined offers to refinance for less than the outstanding debt.
The court concluded that setting aside the default would cause prejudice to the plaintiff and unnecessarily delay the proceedings.
The motion was dismissed.
