The appellant appealed an order setting aside a final consent order that had resolved all issues in matrimonial litigation, including custody and access.
The respondent had moved to set aside the order on the basis that his solicitor did not consult him regarding the final document.
The Court of Appeal allowed the appeal, finding that the motion judge lacked the necessary foundation to exercise the discretion to refuse to give effect to the settlement agreement.
The respondent's affidavit was feeble, he failed to adequately explain a 5.5-month delay, and the motion was served on short notice while the appellant was away.
The order was set aside without prejudice to the respondent renewing his motion on better material.
