Gary Enskat

The defendant moved to set aside a $6 million default judgment entered against her.

The plaintiffs had sued the defendant and others for misconduct related to the purchase of life insurance policies.

The court found that while the defendant did not bring the motion promptly and lacked a good explanation for her default, she had an arguable defence on the merits regarding her personal liability as a corporate officer.

Balancing the factors, the court set aside the default judgment on terms, requiring the defendant to pay costs thrown away and the costs of the motion, and allowing the writ of execution to remain on title.

The plaintiff brought an action to invalidate her late mother's 2007 will, which left the entire estate to the defendant, her brother.

The plaintiff alleged the will was the product of undue influence.

The court reviewed the history of the mother's changing wills and powers of attorney, the strained relationship between the plaintiff and the mother, and the mother's diminished capacity.

The court found that while there were suspicious circumstances, the mother had her own reasons to disinherit the plaintiff and retained a strong will.

The court concluded the 2007 will was the product of the mother's own volition and dismissed the action.