Jirina Bulger

The moving party sought to set aside an uncontested final order that had rescinded $48,000 in child support arrears.

The responding party had obtained the order without disclosing a prior Quebec judgment that had already refused to cancel those same arrears.

The court found this omission was akin to fraud, granting jurisdiction to set aside the order under Rule 25(19) of the Family Law Rules.

Applying the Mountain View Farms factors, the court exercised its discretion to set aside the order, noting the moving party's plausible excuse for default due to mental health struggles and the severe prejudice she would face if the arrears remained cancelled.

The applicant father and respondent mother both brought motions for temporary relief regarding their child.

The father, who had been convicted of sexually assaulting the mother, sought gradually increasing access, while the mother sought sole custody and to terminate any access.

The court found that the mother had previously consented to an order for supervised access and denied her request to appeal it.

Applying the principle that terminating access is a remedy of last resort, the court ordered temporary supervised access for the father for one hour twice a month.

The court also granted the mother temporary sole custody and dispensed with the father's consent for travel and schooling.