The defendants brought a motion to set aside a default judgment entered against the Crown in an action arising from a fatal mining accident.
The parties reached a resolution consenting to set aside the default judgment on terms, including the payment of substantial costs by the Crown.
The court endorsed the resolution, finding that the five-part test for setting aside a default judgment was met, as the delay was due to unique circumstances compounded by the pandemic, and the Crown had an arguable defence.
The court also granted a sealing order for certain medical information to protect personal privacy.
