The defendant brought an urgent motion to set aside a noting in default and default judgment related to a residential second mortgage loan.
Although the court accepted that the defendant moved promptly and had a plausible excuse for the default, the motion was dismissed because the defendant failed to demonstrate an arguable defence on the merits, as the mortgage was clearly in default.
The court also amended the title of proceedings to correct the plaintiff's name and capped the plaintiff's costs at $5,000 due to improper unilateral changes to court documents.
