The defendants brought a motion to set aside their noting in default, to strike the statement of claim for failing to plead material facts, and to transfer the action to the ordinary procedure.
The court set aside the noting in default on consent.
The court dismissed the motion to strike, finding the pleading sufficient when read generously, as the basic elements of the claim for unpaid materials were pleaded and particulars had been provided.
The court granted the request to transfer the action to the ordinary procedure, as the declaratory and mandatory relief sought brought the proceeding outside the ambit of the simplified procedure.
