Justice M. J. Donohue

In an uncontested family trial, the court addressed sale and possession of the matrimonial home, unequal division of net family property, post-secondary support expenses for the parties' daughter, divorce, and costs.

The court found the respondent had failed to disclose finances, was underemployed, and had not contributed to family support, while the applicant had carried mortgage and family obligations.

It ordered vesting and exclusive possession to enable sale, deducted lump-sum past and future section 7 expenses from the respondent's sale proceeds, granted divorce, and directed written costs submissions.

The moving party sought to set aside a default judgment obtained in a property management services dispute or, alternatively, to vary the judgment by removing a 36% prejudgment interest component.

Applying the three-part test under Rule 19.04 of the Rules of Civil Procedure, the court found the motion was not brought without delay and that the circumstances leading to the default were not adequately explained.

However, the court concluded that part of the defence relating to two repair invoices had an arguable basis.

The court varied the judgment by granting partial judgment for the undisputed portion of the debt, reducing the interest rate to 5%, and setting aside the balance of the claim so that it could be defended.

The remaining dispute was transferred to the Small Claims Court for adjudication.