The appellants appealed a decision refusing to set aside a default judgment signed by the Registrar for over $2.5 million.
The majority of the Divisional Court dismissed the appeal.
In these dissenting reasons, Matlow J. would have allowed the appeal and set aside the default judgment, finding that the plaintiff's claim for increased construction contract costs was for unliquidated damages, not a liquidated sum, meaning the Registrar lacked jurisdiction to sign the judgment under Rule 19.04(1)(a).
