The defendant brought a motion to set aside a noting in default and default judgment.
She argued her former counsel was negligent in advancing her defence and that she acted diligently upon discovering this.
The court applied the factors from Mountain View Farms v. McQueen and found that while the defendant had a plausible explanation for the initial default, her continued reliance on her former counsel after realizing his negligence was unreasonable.
The court also found the proposed defence had modest merits and that setting aside the judgment would cause greater prejudice to the plaintiff.
The motion was dismissed.
