The appellants challenged orders refusing to set aside a default judgment.
The Court of Appeal held that both motion judges properly exercised their discretion in assessing prejudice, delay, and procedural fairness.
The court accepted that the insurer had recourse against its insured under s. 258 of the Insurance Act and found no basis to interfere with the conclusion that setting aside the judgment would cause greater prejudice to the respondents.
The appeals were dismissed with costs.
