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.