The defendant moved to set aside a default judgment arising from a personal injury action after a pedestrian tripped on an access ramp at a commercial plaza.
The court considered the established factors governing whether a default judgment should be set aside, including promptness of the motion, explanation for the default, existence of an arguable defence, prejudice to the parties, and the interests of justice.
The evidence showed the defendant had repeated notice of the claim, the motion for default judgment, and subsequent enforcement steps but failed to respond for several years.
The court found the delay unexplained, the asserted defence unsupported, and concluded the defendant had deliberately ignored the proceedings while taking a calculated risk.
In the interests of justice, the default judgment was allowed to stand.
