The defendant insurer moved to set aside a noting in default entered after it failed to deliver a statement of defence.
The plaintiff, a self-represented lawyer, had buried the demand for a defence in a lengthy email and subsequently continued communications without disclosing the noting in default.
The court applied the framework from Trayanov v. Icetrading Inc., weighing delay, party conduct, claim complexity, prejudice, and the merits of the defence.
Finding the delay adequately explained, the balance of prejudice favoured the defendant, and the claim's $1.5 million value warranted adjudication on the merits, the court granted the motion.
Costs were fixed on a partial indemnity basis at $3,250, payable at the conclusion of litigation in any event of the cause.
