Gurman Singh Bhatti

The defendant, Thompson Global Group Ltd., brought a motion to set aside a noting in default and default judgment dated November 26, 2024, in a construction lien action.

The plaintiff, ZMAC Plumbing Inc., had registered a construction lien and obtained a default judgment after the defendant failed to respond to the statement of claim.

The defendant argued it did not receive the statement of claim because it had moved its business address but failed to update its registered address with Corporations Canada.

The court found the defendant had a plausible excuse for the default, acted promptly upon learning of the judgment, had an arguable defence on the merits regarding incomplete work and inferior materials, and that the interests of justice favored setting aside the default.

The court granted the motion and ordered the defendant to file its statement of defence within twenty days.

Each party was ordered to bear its own costs of the motion, but the defendant was ordered to pay the plaintiff's costs thrown away in the amount of $3,500.00 all-inclusive.

The court considered whether the Last Will and Testament of Lynn Gloria Gamble, dated January 7, 2021, should be found valid and fully effective despite irregularities in its execution and the absence of the original.

The applicant, Robert Dunham, sought to have the will validated and a Certificate of Appointment of Estate Trustee issued.

The respondent, Clarence Earl Gamble Jr., argued that the will was revoked and requested production of RBC safety deposit box access records.

The court found that the applicant had rebutted the presumption of revocation, validated the will under section 21.1 of the Succession Law Reform Act, and deemed the Windsor Cancer Centre Foundation to be the intended beneficiary.

No costs were awarded.