John R. Evans

The appellants appealed a motion judge's refusal to set aside an order striking their statement of defence under Rule 37.14.

The motion judge found that counsel's non-attendance at the initial motion was not due to mistake or accident, but was part of a pattern of delay and stonewalling.

The Court of Appeal upheld this factual finding and dismissed the appeal, awarding costs to the respondent.

The appellants appealed the judgment of Justice Gray dated March 29, 2011.

The Court of Appeal dismissed the appeal, directing the parties to the endorsement in the companion appeal C53566.