M. Bélanger

The defendants brought a motion to set aside a noting of default entered against them.

The delay in defending the action was primarily attributed to their former counsel and the plaintiff's counsel's failure to respond to correspondence.

The court applied the test from Intact Insurance Company v. Kisel, finding that the defendants demonstrated a consistent intention to defend the action and that the plaintiff suffered no prejudice from the delay.

The motion was granted and the noting of default was set aside.

The proposed interveners, former counsel to the appellants, brought a motion for leave to intervene as added parties in an appeal from the Ontario Securities Commission.

The appellants alleged ineffective assistance of counsel and sought a term prohibiting the interveners from appealing any future order made on the appeal.

The court declined to impose the restriction, holding that interveners added as parties under Rule 13.01(1) should generally enjoy the same rights of appeal as any other party regarding issues that directly affect them.