The moving parties sought relief from automatic striking of their Statement of Defence and Counterclaim after delivering a response for particulars two days late under a prior consent order.
The responding party opposed and pursued default judgment based on strict non-compliance.
Applying Rules 3.02 and 1.04, and guided by appellate authority on extensions and merits-based adjudication, the court granted a retroactive extension and reinstated the pleading.
The court characterized the breach as minor, found no prejudice to the responding party, and held the interests of justice favoured determination on the merits.
No costs were awarded.
