The respondent father moved to set aside a default judgment obtained after an uncontested trial in a family law matter.
He claimed he did not understand court procedures, failed to respond promptly due to a learning disability, and had an arguable defense.
The court applied the five-factor test from Mountain View Farms v. McQueen, finding that the respondent did not bring the motion promptly, provided an implausible explanation for his default given his legal training and warnings, and failed to demonstrate an arguable defense on the merits of the original claims (separation date, matrimonial home value, equalization, custody, income, spousal support).
The motion was denied, and the applicant was awarded costs.
