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The court refused to set aside a prior removal order and default judgment in a contested estate administration dispute, finding wilful delay, no prompt application, and no meritorious defence.
On the balance of probabilities there was no evidence that the foundation work was deficient in preventing leakage; deviations did not materially prejudice the defendant and were offset by a reduced invoice; minimal exterior damage was compensable but was offset against prejudgment interest and costs, therefore the claimant is entitled to judgment for $9,890 and the order is stayed 15 days to permit the defendant to authorize payment to Housing Nova Scotia.
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