J. Nevada Fenton

The decision addresses two contested issues in a family law motion: (1) whether income should be imputed to the Respondent, Shannon Turner Zaharia, for the purpose of determining temporary child support, and (2) whether the proceeds from the sale of the jointly owned property at 86 Woodland Crescent, Petawawa, Ontario, should be paid out to the parties or held in trust pending further order.

The court declined to impute income to the Respondent at this interim stage, finding insufficient evidence of intentional underemployment.

The court also ordered that the net proceeds from the sale of the property be held in trust pending further order or agreement, given the outstanding determination of equalization entitlement.

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.