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Noting in default set aside where delay caused by former counsel's neglect.
The defendants by counterclaim moved to set aside a noting in default that resulted from their former counsel's failure to comply with court orders and timetables over a period of years.
The responding party opposed the motion, arguing the moving parties bore responsibility for the delay and seeking an adjournment to examine the former lawyer.
Applying the Franchetti factors, the court found the default was principally caused by the former lawyer's neglect, the moving parties acted swiftly once personally served, and the balance of prejudice favoured the moving parties given their exposure to a multi-million-dollar counterclaim.
The motion was granted, the noting in default set aside, and costs of $35,000 awarded to the moving parties.
