The defendants brought a motion to set aside their noting in default and for leave to deliver a statement of defence.
The self-represented plaintiff opposed the motion, arguing the defendants were aware of the 30-day deadline and lacked an arguable defence.
Applying the test from Intact Insurance Company v. Kisel, the court considered the context, including the short delay, the complexity of the claim, and the defendants' efforts to assemble documents.
The court exercised its discretion to set aside the noting in default, allowing the defendants to file a defence, but declined to award costs against the plaintiff.
