?  Motion to Set Aside Default:

• Defendants' Request: The defendants moved to set aside the noting of default.
• Plaintiff's Argument: Elsa Joseph argued the defendants missed a 20-day deadline and should be held in contempt.
• Court Decision: Justice Roger found a 30-day timeline was applicable under the Crown Liability and Proceedings Regulations. Even assuming a 20-day timeline, the court ruled in favor of the defendants due to minimal delay and lack of prejudice to the plaintiff.

?  Intent and Delay:

• Defendants' Conduct: The defendants showed a continued intention to defend the case and promptly moved to set aside the default.
• Minimal Delay: The delay was only three days, and the defendants provided a reasonable explanation for it.

?  Case Management:

• Order: The case will be managed to ensure efficient progress, despite the plaintiff's objections.
• Plaintiff's Conduct: The court found the plaintiff's actions in noting default and refusing to set it aside unreasonable.

?  Costs:

• Award: The plaintiff must pay $2,500 in costs to the defendants within 60 days, reinforcing the need for reasonable litigation conduct.

?  Future Steps:

• Next Actions: Defendants have 10 days to file a motion to strike the amended statement of claim, with a case conference scheduled for August 13, 2024. The court encouraged the plaintiff to seek legal advice to resolve issues and avoid further motions.