The applicant father brought a motion to set aside an administrative dismissal of his family law application, which had been dormant for seven years.
The respondent mother brought a cross-motion to strike his pleadings for failure to comply with multiple financial disclosure orders.
The court applied the Reid factors and granted the motion to set aside the dismissal, finding the applicant took steps just in time to revive the application.
However, applying the Mullin framework, the court granted the cross-motion and struck the applicant's pleadings due to his egregious and ongoing failure to obey disclosure orders, while preserving his right to participate at trial solely on parenting issues.
