The plaintiff noted the defendant in default for a second time after the defendant failed to properly file his statement of defence, despite having served it and actively participating in the litigation.
The defendant brought a motion to set aside the noting in default, explaining that the pleading was rejected due to being submitted through the wrong online portal.
The court granted the motion, finding that default proceedings should not be used for tactical purposes when an action is actively being defended, and directed the parties to attend a case conference.
