“Rule 25(19)(d) of the Rules provides that the court may, on motion, change an order that was made without notice.
The court has broad remedial powers under Rule 25(19), including to set aside the whole of a final order, or to set aside part of a final order: Gray v. Gray, 2017 ONCA 100, at paras. 26-27; Benarroch v. Abitbol et. al., 2018 ONSC 5964 at para. 28.
When determining whether to set aside a default order or judgment, the court should have regard to, among other things:
a. Whether the moving party moved promptly, after learning of the order, to have it set aside;
b. Whether the moving party has provided an adequate explanation for the failure to respond to the proceeding in accordance with the Family Law Rules;
c. Whether the moving party has established an arguable case on the merits;
d. Whether the moving party is acting in good faith and with “clean hands”;
e. The prejudice that may be suffered by the moving party if the motion is dismissed and to the responding party if the motion is allowed; and
f. Whether, in the final analysis, the interests of justice favour setting aside the judgment.
Zia v. Ahmad, 2021 ONCA 495, at para. 4.
Where a party moves to set aside an order on the basis of faulty service, the respondent to the motion has the onus to prove the service was effected in accordance with the Rules: Irons v. Irons, 2020 ONSC 1471 at para. 135.”