The appellants appealed a motion judge's decision dismissing their motion to set aside a default judgment and writ of possession.
The appellants failed to provide a plausible explanation for their delay in moving to set aside the judgment.
The Court of Appeal rejected an attempt to introduce fresh evidence regarding an alleged forbearance agreement, finding it would fail the Palmer test as the evidence was available at the time of the original motion.
The appeal was dismissed with costs awarded to the respondent.
