The respondents brought a motion to set aside an order granted to the applicant during a telephone case conference that the respondents failed to attend.
The underlying dispute involved a commercial sublease and a $350,000 payment.
The court applied the factors under Rule 38.11 of the Rules of Civil Procedure and found that the respondents failed to attend due to insufficient notice during the COVID-19 pandemic.
The court also found that the respondents moved forthwith to set aside the order and had an arguable defence on the merits.
The motion was granted and the order was set aside.
