The respondent, Dikran Hekimian, moved to set aside a default order that transferred his interest in the matrimonial home to the deceased applicant, Silva Sogomonian.
The applicant's Estate Trustee, Anahit Sogomonian, opposed the motion.
The court applied the five-factor test from *Intact Insurance Company v. Kisel* for setting aside default judgments.
While the motion was brought promptly, the respondent's explanation for default was not plausible, and his arguable defence on the merits was weak due to lack of evidence.
The court found that the prejudice to the Estate, particularly due to the corroboration requirement under s.13 of the *Ontario Evidence Act*, far outweighed the prejudice to the respondent.
The motion was dismissed.
