The respondent husband brought a motion to set aside prior family court orders granting a divorce, ordering the sale of the matrimonial home, granting exclusive possession to the applicant wife, and authorizing her to sign documents for the sale.
He alleged he had not been served with the original application or a subsequent motion that led to his eviction from the home.
The court found he had been properly served with the application and was deemed served under the Family Law Rules, and that his failure to file an answer meant he was not entitled to further notice of steps in the case.
Applying the test for setting aside a default judgment, the court concluded the moving party had no plausible excuse for the default and no arguable defence on the merits.
The motion was dismissed and the applicant wife was granted additional compensation from the moving party’s share of the sale proceeds for charges placed against the property.