The defendant brought a motion to set aside a noting of default.
The defendant also sought orders to stay the action pending a criminal proceeding and to seal evidence, but these were not considered as the defendant, being in default, had no right to request such relief without leave.
The court applied the seven-factor test for setting aside default, considering the parties' conduct, the length and reasons for delay (including the defendant's mental health issues), the complexity and value of the claim, and the balance of prejudice.
Despite the defendant's obstructive behaviour during cross-examination, the court emphasized the principle of resolving civil proceedings on their merits.
The motion to set aside the noting of default was granted, with conditions for the defendant to file a compliant statement of defence and pay costs thrown away.
