The court granted the respondent's motion to set aside a final order in a family law matter due to improper service.
The decision reviews the requirements for service under the Family Law Rules and Rules of Civil Procedure, and finds that the applicant did not prove the respondent was properly served at his father's address in Ontario.
The court also addresses the relevance of actual notice, the sequencing of jurisdictional challenges, and the criteria for setting aside a default order.
Costs were reserved to the trial judge.
