Background: This case involved Alan Gilbert Smith, a shareholder in Voice Mobility International Inc. ("Voice"), and VM Agritech Limited ("Agritech"), along with its Chairman, Christopher J. Wightman. The dispute arose from a proposed reverse takeover transaction (RTO) between Agritech and Voice, which Agritech allegedly breached.

Legal Arguments/Issues: The defendants, VM Agritech Limited and Christopher J. Wightman, sought to set aside a default judgment granted on February 6, 2024. They also sought a declaration that their application did not submit them to the court’s jurisdiction and requested special costs. The plaintiff claimed that Christopher J. Wightman caused Agritech to breach its agreement with Voice by pursuing a transaction with Bluewater Acquisition Corp instead. Agritech had retained Cassels Brock & Blackwell LLP for legal services, with invoices addressed to Voice. Upon the relationship's termination, $24,155.91 in legal fees remained unpaid. Smith paid $12,000 to Cassels Brock for a complete assignment of their accounts and sought to recover the full amount. The defendants filed jurisdictional responses and applications to dismiss or stay the claim, arguing procedural defects and contesting the court's jurisdiction.

Held: The court dismissed the defendants' application to set aside the default judgment, emphasizing their willful failure to file a response to the civil claim and the significant delay in proceedings. The court also dismissed the application for a declaration regarding jurisdiction.

Costs: The plaintiff, Alan Gilbert Smith, was awarded his costs of the application, payable forthwith after assessment. The specific amount of the award was not detailed in the document.