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Motion to set aside default order for spousal support arrears dismissed; payor received adequate notice.
The payor brought a motion under Rule 25(19) of the Family Law Rules to set aside a Final Default Order that fixed his spousal support arrears at over $480,000 and ordered incarceration in the event of future default.
The payor argued he did not receive adequate notice of the remote default hearing and was unable to attend due to age and health concerns amid the COVID-19 pandemic.
The court applied the Mountain View Farms factors and found that the payor had received adequate notice, simply chose to ignore the proceeding, and failed to establish an arguable case on the merits regarding his inability to pay.
The motion was dismissed.
Committal hearing adjourned to allow Legal Aid to reconsider policy denying duty counsel for incarceration hearings.
The Family Responsibility Office brought a motion for a warrant of committal against the respondent for failing to pay support arrears.
The self-represented respondent was advised by Legal Aid that duty counsel would not attend the committal hearing with him due to internal policy.
The court found it grossly unfair for the respondent to face potential incarceration without legal representation, adjourned the matter, and requested Legal Aid Ontario to review its policy and explain its rationale at the next appearance.
