The father brought a motion to set aside a default judgment that granted the mother sole custody and ordered him to pay child support based on an imputed income of $335,400.
He argued he was unable to attend the uncontested trial and that the mother committed fraud on the court.
The court found the father did not act promptly and lacked a plausible excuse for his default.
While the court found the mother did not deliberately mislead the court, it acknowledged the father had an arguable defence regarding his income.
The motion to set aside was dismissed, but the father was permitted to bring a motion to change the order, provided he pays $15,000 in costs and provides extensive financial disclosure.
