The applicant brought a motion to set aside a default judgment ordering child and spousal support and equalization, and to set aside an earlier order striking his pleadings and freezing his bank accounts.
He also sought to vary custody of the parties’ child.
Applying the test for setting aside default judgment, the court held the applicant failed to act promptly after becoming aware of the judgment, failed to provide a plausible explanation for the default, and failed to establish an arguable case on the merits.
The court found evidence that the applicant knew of the earlier orders yet delayed several years before bringing the motion.
The motion was dismissed, and the respondent’s cross‑motion for payment of support arrears and costs from funds paid into court was granted.
