The defendants brought a motion to set aside a default judgment of approximately $37,000 granted in favour of the plaintiff for unpaid fuel invoices.
The defendants had mistakenly filed their statement of defence in the Small Claims Court and, upon discovering the error, learned that default judgment had already been entered.
Applying the Mountain View Farms factors, the court found that while the defendants delayed in obtaining necessary documents, they had demonstrated an intent to defend the action from the beginning and raised an arguable defence regarding miscalculated rebates.
The motion to set aside the default judgment was granted, though existing writs of execution were ordered to remain in effect pending further order.
