Jillian Allen

The respondent father brought a motion to set aside a noting in default and a final uncontested divorce order.

The applicant mother opposed the motion.

The court applied the five-part test for setting aside a final order.

While the father acted promptly, the court found he had no plausible excuse for failing to participate in the proceedings and failed to establish an arguable defence on the merits regarding child support, section 7 expenses, spousal support, or equalization.

The court found any prejudice regarding parenting issues could be addressed through a Motion to Change.

The motion to set aside was dismissed.

The respondent father brought a motion to vary a temporary order regarding custody, child support, and spousal support.

He sought to change the primary residence of one child to himself, reduce his imputed income of $100,000 based on new financial disclosure, and increase the applicant mother's imputed income.

The court granted the change in primary residence but deferred the effective date to trial.

The court dismissed the motions to vary the imputed incomes, finding the father's new financial disclosure contradictory and lacking credibility, and the mother's income accurately reflected her circumstances.