The defendants brought a motion to set aside a default judgment obtained by the plaintiff for unpaid shipping and handling fees.
The corporate defendant failed to provide a valid explanation for its default and did not raise an arguable defence, so the motion was dismissed as against it.
However, the personal defendant raised an arguable defence of unconscionability regarding a personal guarantee he signed without legal advice to secure the release of vehicles held by the plaintiff.
The court set aside the default judgment against the personal defendant, allowing him to defend the action solely on the basis of unconscionability.
