The Court vacated a two-day hearing on the last business day before trial, granting the defendants leave to file an amended commercial list response and cross-claim, on the basis that at least some of the proposed defences were arguable and the defendants would suffer significant prejudice if deprived of the opportunity to explore them. The Court imposed tight timetables and ordered the defendants to pay the plaintiff's costs thrown away and costs of the application. The decision turned on the particular circumstances, including the defendants' mental health challenges, their period of self-representation, and the finding that the plaintiff's prejudice from delay was largely compensable by costs orders and mitigated by existing security.
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