The defendants, Wayne Christopher Smile and Jennifer Ann-Marie Smile, brought a motion to set aside a default judgment for possession obtained by Scotia Mortgage Corporation in a mortgage enforcement action.
The defendants argued that documents titled "Non-Negotiable Notice of Acceptance" and "Certificate of Dishonour" constituted a valid defence.
The court applied the five-factor test for setting aside default judgment, considering promptness, plausible excuse, arguable defence, prejudice, and the integrity of justice.
The court found that the defendants failed to meet any of the criteria, specifically noting the lack of a legal basis for their purported defence.
The motion was dismissed.
