The appellant mortgagee appealed an order dismissing its motion to re-open a default judgment for foreclosure to request a reference on the mortgage covenant.
The default judgment had been obtained on consent 2.5 years prior.
The Court of Appeal dismissed the appeal, finding that the Master properly exercised his discretion to deny the relief given the unexplained delay, the finality of the judgment, and the prejudice to the mortgagors.
