R. Chown

Following a successful motion by the defendants to set aside a default judgment and writ of execution, the court determined the issue of costs.

Although the defendants were granted an indulgence (which normally results in costs payable to the opposing party), the court awarded costs to the defendants.

The court found that the plaintiff's counsel engaged in conduct that unnecessarily complicated and lengthened the proceedings, including insisting on an overly high legal standard, conducting unnecessary cross-examinations of the defendant and his counsel, and sending misleading correspondence to the enforcement office.

The plaintiff was ordered to pay the defendants' partial indemnity costs fixed at $23,798.36.

The defendants brought a motion to set aside a default judgment obtained by the plaintiff in a construction dispute.

The plaintiff had noted the defendants in default despite receiving an email from the individual defendant requesting notice before being noted in default.

Applying the five-part test from Intact Insurance, the court found that the defendants moved promptly, had a plausible excuse for the default, and that the interests of justice favoured a determination on the merits.

The court set aside the default judgment and ordered the return of monies collected pursuant to a writ of seizure.