The defendants brought a motion to set aside a noting in default against them in a construction lien action and sought leave to file a Statement of Defence and Counterclaim.
The plaintiff had noted them in default without prior notice, despite ongoing communications between counsel.
The court granted the defendants' motion, finding they met the two-part test for setting aside default by acting promptly and providing evidence of a good defence.
The court also noted that the plaintiff's counsel's conduct, in failing to notify of the default, offended principles of advocacy and civility.
