Deepa Dayal

This 12-day trial addressed complex family law issues following the breakdown of a short marriage, including parenting arrangements, child's name change, child and spousal support, a Mehr (Islamic marriage contract) repayment obligation, and equalization of net family property.

The court granted the Mother primary residence and final decision-making authority for the child, ordered a name change to include the Father's preferred name, set child and spousal support, dismissed the Mehr claim due to uncertainty and lack of expert evidence, and found no equalization payment owing.

Costs were to be borne by each party.

The respondent, Zafar Ahmad, brought a motion to set aside a default order issued on January 17, 2020, in a family law application initiated by Maria Zia.

The court applied the established test for setting aside default judgments, which requires considering promptness in bringing the motion, a plausible excuse for the default, an arguable defence on the merits, good faith, potential prejudice to both parties, and the overall integrity of the administration of justice.

The court found that Zafar Ahmad only satisfied the promptness criterion, failing to provide an adequate explanation for his non-response to the application or to demonstrate an arguable defence with sufficient financial disclosure.

Consequently, the motion to set aside the default order was dismissed, and Maria Zia was deemed presumptively entitled to costs.