The defendants brought a motion to set aside a default judgment related to a commercial lease dispute.
The court applied the five-factor test from Mountain View Farms Ltd. v. McQueen and found that while the defendants moved relatively promptly, they failed to provide a plausible explanation for their default and lacked an arguable defence on the merits due to a prior agreement waiving their claims.
The defendants' motion was dismissed.
The plaintiff's motion to amend the default judgment to reflect a prior payment was granted, reducing the principal amount to $85,850.00.
