The defendants brought a motion to set aside a default judgment of over $1 million for unpaid fuel deliveries.
The court set aside the judgment against one personal defendant because it was irregularly obtained during the COVID-19 suspension of procedural time limits.
The court also set aside the judgment against the second personal defendant, finding she raised an arguable defence regarding her personal liability under the credit agreement, on the condition she pay the plaintiff's costs thrown away.
The motion to set aside the judgment against the corporate defendant was dismissed as no arguable defence was raised.