The plaintiff brought a motion to lift the defendant's noting in default and for a litigation timetable in a wrongful resignation action.
The defendant, residing in the Netherlands, argued she was not properly served under the Hague Convention and sought to stay the proceeding.
The court found that the defendant had attorned to the jurisdiction of Ontario by unconditionally participating in mandatory mediation.
The court also noted the defendant's significant delay in bringing her motion to set aside service.
The plaintiff's motion was granted, the default was set aside, and a timetable was ordered.
