The appellant sought to set aside a default judgment entered seven years earlier after her pleadings were struck for non-compliance with a costs order imposed as a condition of an adjournment.
The motion judge dismissed the motion, finding it was not brought promptly or pursued diligently and disbelieving the explanation offered.
On appeal, the court found no error in the motion judge's application of the test under Rule 19.08 for setting aside a default judgment, including findings of prejudice and tarnishing of the administration of justice.
