The appellant appealed an order dismissing his motion to set aside a default judgment of nearly $50,000.
The appellant argued he was under a disability when served with the statement of claim and that the default judgment should be set aside under Rule 19.08(2).
The Court of Appeal allowed the appeal, finding that while the appellant was not under a disability at the time he was noted in default, his medical condition provided a reasonable explanation for his failure to defend the action.
The default judgment was set aside to allow the appellant to present a triable defence on the merits.
