The applicant brought a motion and application to set aside a 2009 order declaring the respondent sole owner of a Toronto property and directing rectification of the land titles register.
The earlier order had been obtained without notice to the applicant.
The court found that the respondent failed to make full and fair disclosure of material facts regarding her ability to locate and communicate with the applicant at the time the order was obtained.
As a result, the order was set aside under Rule 39.01(6) and the parcel register was directed to be restored to its prior state, with remaining ownership issues to be determined at trial.
