Brent C. Balmer

The moving party brought a motion to set aside a default order for the sale of a residence, which was granted after she failed to file an Answer.

The moving party's counsel explained that a deadline letter was inadvertently missed.

The court applied the test for setting aside an order obtained without notice, finding that the moving party moved promptly, had a plausible excuse for the default, and raised an arguable defence regarding the validity of a trust agreement.

The default order was set aside, and the moving party was permitted to file an Answer, subject to paying costs thrown away.

The appellant brought a motion for leave to extend the time to file an appeal of a final family law order.

A threshold jurisdictional issue arose regarding whether the appeal properly lay to the Divisional Court or the Court of Appeal under s. 19(1.2) of the Courts of Justice Act.

The court interpreted the term 'single payment' and concluded that multiple lump sum payments ordered for section 7 expenses, which individually and combined fell under the $50,000 threshold, constituted a 'single payment'.

The court granted the extension of time and confirmed the Divisional Court had jurisdiction to hear the appeal.