The appellant appealed the dismissal of his motion to set aside a default judgment obtained by the respondent credit card company for unpaid charges.
The motion judge applied the Mountain View factors and found that all but one weighed against the appellant, including a lengthy unexplained delay in bringing the motion and a lack of plausible excuse for the default.
While the motion judge accepted the appellant's proposed defence had an air of reality, she found it weak and insufficient to overcome the other factors.
The Court of Appeal found no basis for appellate interference, holding the motion judge properly exercised her discretion in weighing the factors holistically.
