The moving defendants sought to set aside notings in default entered after they failed to deliver statements of defence in a civil action alleging historical sexual abuse and related claims, including fraudulent conveyance allegations against one defendant.
The court considered the discretionary factors governing relief under Rule 19 of the Rules of Civil Procedure, including intention to defend, explanation for delay, promptness in bringing the motion, and prejudice.
The evidence demonstrated that both defendants intended to defend the action, and the delay arose from counsel-related issues and ongoing communications between the parties.
The court emphasized the policy preference for resolving disputes on their merits and noted the absence of meaningful prejudice to the plaintiff.
The notings in default were set aside and the defendants were granted time to deliver their statements of defence.
