The moving party (respondent in the main proceeding) brought a motion to set aside a final order that struck his pleadings and released the proceeds of the sale of the family home to the responding party.
The court dismissed the motion, finding it lacked jurisdiction as the proper route to challenge a final order is an appeal to the Court of Appeal or Divisional Court.
In the alternative, the court held that the motion would be dismissed on the merits due to the moving party's recalcitrant conduct, failure to comply with disclosure orders, and failure to provide evidence supporting his claims.
Costs were awarded to the responding party.
