The defendant Jose Ramos brought a motion to set aside a default judgment obtained by the plaintiff Vittoria Fera, which had been granted after Ramos's statement of defence was struck for non-compliance with a timetable and failure to attend discovery.
Ramos argued he did not receive proper notice of key proceedings due to a change of address and an inactive email.
The court applied the three-part test for setting aside default judgments, considering promptness, plausible excuse, and arguable defence.
Despite Ramos's partial responsibility for not updating his address, the court found the plaintiff also bore responsibility for continuing service at an unresponsive address.
Given the serious allegations of sexual assault and battery, the court emphasized the importance of resolving the matter on its merits.
The motion was granted, setting aside the order striking the defence, the noting in default, and the default judgment, and reinstating the lawsuit.
