The appellants appealed a decision refusing to set aside a noting of default and a default judgment of over $2.5 million in a construction lien action.
The appellants argued the Registrar lacked jurisdiction to sign the default judgment because the claim was not for a liquidated demand.
The Divisional Court dismissed the appeal, finding the claim was for a liquidated demand supported by detailed invoices and a signed change order.
The court also upheld the motions judge's finding that the appellants had no arguable defence on the merits.