“As set out by the Court of Appeal, in Zia v. Ahmad, 2021 ONCA 495, at paragraph 4, the following factors must be considered in determining whether to set aside the Order:
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.”
