The defendant brought a motion to set aside a noting in default in a commercial lease dispute where the plaintiff claimed over $240,000 in unpaid rent.
The defendant's officer had ignored the statement of claim after closing the business, but moved promptly to set aside the default once another partner became aware of the plaintiff's motion for default judgment.
Applying the factors from Intact Insurance, the court found it was in the interests of justice to set aside the noting in default, as there was no intentional decision not to defend and no non-compensable prejudice to the plaintiff.
The motion was granted, and the defendant was ordered to pay $7,000 in costs thrown away.
