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Motion to set aside noting in default dismissed due to unexplained delay and unmeritorious defence.
Defendants brought a motion to set aside their noting in default and obtain a timetable to file a statement of defence in a real estate commission dispute.
The plaintiffs claimed unpaid commission fees of $47,460 plus aggravated, exemplary and punitive damages of $35,000 arising from a buyer representation agreement.
The defendants delayed serving their statement of defence for 319 days after being served with the statement of claim, despite multiple extensions and clear deadlines.
The defendants cited their child's autism diagnosis and required international medical treatment as the reason for delay, but provided insufficient supporting documentation.
The court found the defendants' behaviour unreasonable, the delay inordinate, the reason for delay inadequately substantiated, and the defence lacking in merit.
The motion was denied and costs were awarded to the plaintiffs.
The court dismissed the defendants' appeal, upholding the Associate Judge's order granting certificates of pending litigation over two disputed properties.
The decision concerns an appeal by the Defendants from an order granting the Plaintiffs certificates of pending litigation (CPLs) over two properties.
The court reviews the factual background, the standard of review, and the legal test for CPLs, ultimately finding no error in the Associate Justice’s decision to grant the CPLs.
The appeal is dismissed.
