Wasique Al Azad Rakib

The defendants brought a motion to set aside a noting in default and default judgment obtained by the plaintiff in a dispute concerning guardian contracts for dogs.

The plaintiff, a dog breeder, had obtained default judgment for breach of contract and return of dogs/puppies.

The court granted the defendants' motion, finding they moved promptly, had a plausible explanation for the default (misunderstanding regarding notice from plaintiff's counsel), and presented an arguable defence on the merits.

The court emphasized the preference for resolving disputes on their merits and the importance of professional courtesy among counsel, particularly regarding default proceedings.

The father initiated an application for the return of the child to Qatar but subsequently abandoned the proceedings.

The mother proceeded with an uncontested trial seeking decision-making responsibility, child and spousal support, equalization of net family property, and a restraining order.

The court found it had jurisdiction as the child was habitually resident in Ontario.

The court refused to recognize a Qatari divorce obtained by the father without notice to the mother.

The court imputed an annual income of $400,000 to the father due to his failure to provide financial disclosure.

The mother was awarded sole decision-making responsibility, supervised parenting time for the father, child support, spousal support, an equalization payment of over $1.4 million, a freezing order on the father's assets, and a restraining order.

The defendants brought a motion for leave to appeal an order of André J. dated April 29, 2022.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the responding parties.