The defendants brought a motion to set aside a noting in default.
The plaintiffs had commenced an action for breach of trust and unjust enrichment, and noted the defendants in default after they failed to deliver a Statement of Defence.
The defendants' daughter, acting as attorney for property for her father who suffered from vascular dementia, explained the delay was due to inadvertence and difficulty locating documents.
The court found the defendants demonstrated an intent to defend, the delay was not significant, and there was no prejudice to the plaintiffs.
The motion was granted, the noting in default was set aside, and the daughter was appointed litigation guardian for her father.
