The defendants brought a motion to set aside a default judgment of $124,474.66 obtained by the plaintiff.
The action arose from a physical altercation between neighbours in an apartment building.
The court found that while one defendant was validly served with the statement of claim, the other was not, and neither was served with the motion for default judgment.
Applying the five-factor test for setting aside a default judgment, the court concluded that the interests of justice warranted granting the motion, despite the apparent weakness of the proposed defence.
The default judgment was set aside on the condition that the defendants pay the plaintiff's costs of $19,131.14 for the default judgment proceedings.
