Radoslav Nikolov

The defendants moved to set aside a default judgment obtained by the plaintiff.

The court applied the five-factor test from Mountain View Farms Ltd. v. McQueen, assessing promptness, plausible excuse for default, arguable defence, prejudice, and integrity of justice.

The court found the defendants' explanation for default incredible and their proposed defence lacking an air of reality, particularly regarding the Construction Act claims and personal guarantees.

The motion was dismissed, upholding the default judgment.

The plaintiff, Grasshopper Solar Corp., brought a motion for default judgment seeking $44,992.53 in damages due to the defendants' failure to complete the registration process for a solar energy lease assignment.

The court found a lack of evidence for a valid assignment from the original homeowners to an intermediate party, Joseph Lauzon, and noted that Lauzon's failure to sign the assignment invalidated it under the Statute of Frauds.

Consequently, the motion for default judgment was dismissed due to the lack of clarity in the evidence.