L. Jacques

The defendant brought a motion to set aside a default judgment of $243,400 obtained by the plaintiffs for unpaid loans.

The defendant claimed he was never served with the statement of claim and only learned of the action later.

The court found the defendant was personally served, failed to act promptly, and did not present an arguable defence.

The motion to set aside the default judgment was dismissed.

The plaintiff construction company supplied concrete foundation services and materials to the defendants under a verbal contract.

The plaintiff registered a construction lien for $42,798.75 and brought an action for payment.

The defendants argued the contract was with their numbered company, the price was lower, and they had paid in cash.

The court found the contract was with the individual defendants, accepted the plaintiff's evidence of the contract price, and found no payments were made toward this specific project.

The court ordered the defendants to pay the full amount claimed and confirmed the validity of the lien.