The defendant brought a motion seeking to set aside a noting of default after failing to deliver a statement of defence in time.
The court applied the factors governing the exercise of discretion under Rule 19 of the Rules of Civil Procedure, including intention to defend, explanation for delay, promptness of the motion, and prejudice to the plaintiff.
The court found credible evidence that the defendant intended to defend the claim, noting the earlier filing of a Notice of Intent to Defend and subsequent efforts to retain counsel.
Although the explanation for delay in retaining counsel lacked detail, the court held the delay was not inordinate and the motion was brought with reasonable dispatch.
As no prejudice to the plaintiff was demonstrated, the court set aside the noting of default.
