The defendant moved to set aside a default judgment obtained by the plaintiff without notice.
The plaintiff had previously agreed to set aside the noting in default upon payment of costs, but proceeded to obtain default judgment without informing the court of these discussions or notifying the defendant.
The court granted the motion, finding the defendant had an arguable defence of inflated invoices and that the plaintiff's failure to make full and fair disclosure on a without-notice motion warranted setting aside the judgment.
The plaintiff was ordered to pay the defendant's costs.
