The moving party (husband) brought a motion to set aside a default Divorce Order granted after he repeatedly failed to comply with court orders requiring financial disclosure.
The moving party argued he could not file an Answer due to outstanding income tax issues and claimed he had an arguable defence regarding spousal support and equalization.
The court dismissed the motion, finding the moving party was the author of his own misfortune and had not provided a reasonable explanation for his lengthy delay and non-compliance.
The court held that allowing the motion would adversely impact the administration of justice.
