Facts: Marwaha Development & Investors Ltd. (plaintiff) purchased a property from 1167760 B.C. Ltd. (defendant). The contract required the defendant to provide vacant possession. The defendant allegedly failed to deliver this, leading to the plaintiff taking legal action to evict the tenant and claiming breach of contract.
Issue: The primary issue was whether the defendant breached the contract by failing to provide vacant possession of the property, and whether the default judgment against the defendant should be set aside due to their claims of not receiving notice of the legal action.
Court's ruling: The court dismissed the application to set aside the default judgment, finding that the defendant did not present a defense worthy of investigation against the breach of contract claim. The court determined that the defendant breached the contract by failing to provide vacant possession.
Costs/Damages: The court did not award immediate costs or specify the amount of damages at this stage, stating that costs and damages would be determined during the assessment of damages phase of the litigation.
