The defendants brought a motion to set aside a noting of default and to allow the filing of a statement of defence.
The defendants had missed the extended deadline to file their defence by one day and were noted in default.
The plaintiffs refused to consent to setting aside the default unless the defendants waived a limitation period defence.
The court found that the default should be set aside, noting that both sides were responsible for the delay in moving the matter forward.
The motion was granted, with the defendants ordered to pay $1,500 in costs to the plaintiffs.
