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The court set aside a noting in default because the litigation was progressing despite defence counsel's unwarranted delay.
The decision addresses a motion by The Corporation of the Town of Atikokan to set aside a noting in default in a civil action brought by Melissa Bates regarding property flooding.
The court reviews the procedural history, the conduct of the parties, and the applicable legal principles under Rule 19.03 of the Rules of Civil Procedure.
The court finds that, although Atikokan’s delay in delivering its Statement of Defence was unwarranted, the litigation was progressing and the delay did not fundamentally prejudice the plaintiff.
The court grants the motion, sets aside the noting in default, and provides directions regarding costs.
