The appellants appealed a Small Claims Court decision dismissing their motion to set aside a default judgment in a slip and fall action.
The Deputy Judge had found the appellants failed to establish a meritorious defence and a reasonable explanation for their default.
The Divisional Court allowed the appeal, finding the Deputy Judge misapprehended the evidence regarding the proposed statement of defence and set the bar unreasonably high by requiring the appellants to prove the process server fabricated service.
The default judgment was set aside.
