The defendants brought a motion to set aside a default costs assessment of $83,273.75.
The defendants' lawyer of record had been notified of the assessment hearing but failed to advise the defendants or attend the hearing.
The court applied the test for setting aside a default judgment and found that the motion was brought promptly, there was a plausible excuse for the default, and the defendants had an arguable defence on the quantum of costs.
Emphasizing the principle of determination on the merits, the court set aside the default assessment and remitted the matter to the Assessment Officer, on the condition that the judgment amount remain in trust.
