The appellants appealed an order dismissing their motion to set aside a default judgment in a slip and fall action.
The appellants claimed they only learned of the action when enforcement proceedings began, 12 years after the incident.
The Court of Appeal upheld the motion judge's finding that the appellants had evaded service, failed to act promptly, lacked a plausible explanation for their delay, and presented a defence of dubious merit.
The appeal was dismissed.
