The defendants appealed an order dismissing their motion to set aside a default judgment.
The motion judge had found the defendants moved expeditiously and adequately explained their default, but dismissed the motion solely because the defence was not adequately fleshed out in the affidavit.
The Court of Appeal allowed the appeal, finding the motion judge erred by treating the principles for setting aside default judgments as rigid preconditions and failing to consider the balance of prejudice between the parties.
