Background:

• The plaintiffs manufacture swimming pools; the defendants were their Canadian distributors.
• The litigation focused on an accounting dispute. The defendants repeatedly failed to comply with court orders for financial disclosure.

Key Points:

1. Non-compliance with Court Orders:

   • Justices Strathy and Frank ordered financial disclosures, which the defendants failed to produce, leading to their defense being struck.
   • Defendants' claims of stolen records were dismissed as fabrications.

2. Motion to Set Aside Judgment:

   • The Kennedys sought to overturn the 2013 default judgment, alleging misrepresentation by their representative, Trent Bridger.
   • They claimed Bridger’s actions undermined their defense, but the court found no grounds for this claim.

3. Court's Decision:

   • Justice Morgan emphasized the defendants' continuous non-compliance and deceptive behavior.
   • The motion was dismissed, affirming that the original judgment and damages were based on the best available information despite the defendants' lack of disclosure.

Conclusion:

• The motion to set aside the judgment was dismissed.
• Written submissions on costs were requested from both parties. No amount specified.