Delara Jamshidi was successful in arguing a motion in Small Claims Court to set aside a noting in default under Rule 11.06. The motion was opposed and the parties made oral and written submissions.
The Court found that the Defendant satisfied the three-part test in setting aside a noting in default. Specifically, the Court found that the Defendant:
- Had a meritorious defence.
- A reasonable explanation for the default.
- Moved promptly when it learned about the noting in default.