The insurer brought motions to set aside a noting in default and a default judgment in two actions brought by insured plaintiffs concerning obligations under a hold harmless agreement relating to unpaid accident benefit treatment accounts.
The insurer also sought summary judgment dismissing the actions, while the plaintiffs brought cross-motions for summary judgment.
The court held that the insurer had no plausible excuse for failing to deliver timely defences despite repeated warnings that strict compliance with the Rules of Civil Procedure would be required.
Although the insurer may have had an arguable defence and brought its motion promptly, the prejudice to the elderly plaintiffs and the integrity of the administration of justice weighed against granting relief.
All motions were dismissed and the default judgment remained in force.
