Background:

• In January 2019, Protrans bought assets from Stevens Resource Group (SRG).
• A side agreement required SRG to pay Protrans $100,000 if sales didn’t reach $5 million in the first year. Sherri Stevens was to assist in the transition and promote the business for six months.
• In May 2021, Protrans initiated legal action for the $100,000 and an additional $5,808 allegedly diverted to SRG.

Procedural History:

• SRG filed a Notice of Intent to Defend but did not submit a defense, instead challenging Protrans' pleadings.
• After delays and extensions, SRG consented to an Amended Statement of Claim in November 2022.
• SRG repeatedly failed to file a defense and terminated their original counsel.
• SRG was noted in default in February 2023. A new counsel sought to set aside the default in April 2023, which Protrans opposed.
• The motion to set aside the default was dismissed, with the judge referencing Nobosoft Corporation v. No Borders, Inc. and considering the behavior of both parties and the delays caused by SRG.

Court's Decision:

• The Court of Appeal upheld the motion judge's decision, agreeing there was no error in the analysis or conclusion.
• The appeal was dismissed.
• Costs awarded to the respondent, fixed at $15,000.

Key Points:

• The case highlights the importance of timely responses and compliance with procedural rules.
• The appeal court emphasized the fairness and thoroughness of the motion judge’s original decision.
• This decision reinforces that plaintiffs are not expected to wait indefinitely for defendants to comply with procedural requirements.