The defendants brought a motion to set aside a noting in default and default judgment obtained by the plaintiff in a dispute concerning guardian contracts for dogs.
The plaintiff, a dog breeder, had obtained default judgment for breach of contract and return of dogs/puppies.
The court granted the defendants' motion, finding they moved promptly, had a plausible explanation for the default (misunderstanding regarding notice from plaintiff's counsel), and presented an arguable defence on the merits.
The court emphasized the preference for resolving disputes on their merits and the importance of professional courtesy among counsel, particularly regarding default proceedings.
