The respondent in a family law proceeding brought a motion to set aside a final order obtained after an uncontested hearing.
The court found that the applicant’s counsel proceeded with the uncontested trial without notifying opposing counsel despite ongoing correspondence and knowledge that the respondent was represented.
The court held that counsel failed to disclose material procedural background and failed to respond to communications, undermining the fairness of the process.
Applying the principles governing motions to set aside default judgments and considering the integrity of the administration of justice, the court found that the moving party acted promptly, had a valid explanation for the default, and demonstrated an arguable defence.
The final order was set aside and costs were awarded against the applicant.
