“When a respondent to a divorce application fails to serve and file an answer within 30 days of service pursuant to rule 10(1) of the Family Law Rules, O. Reg. 114/99 (“FLR”), the applicant may seek final Orders on an uncontested trial per rules 10(5) and 1(8.4). No further notice need be provided.
An uncontested trial is a trial at which only the party making the claim provides evidence and submissions. The moving party bears the onus to demonstrate on a balance of probabilities that there is a sufficient evidentiary basis on which to make each of the Orders sought.
Additionally, the moving party has a “very high duty” to make full and frank disclosure at an uncontested trial, and to advise the court of all material facts required to make a just determination, including material facts that do not assist his or her case: see Irons v. Irons, 2020 ONSC 1471, at para. 90.
Orders on uncontested trials have a special form (25D) and a special affidavit (23C), but the evidentiary standards remain the same. Affidavit evidence may be relied on at an uncontested trial unless the court directs that oral evidence be given, see rule 23(22) of the FLR.”