Setting Aside a Default Order in Ontario Family Court

A default order can feel final, especially if you missed a deadline because of illness, a wrong address, or simply not understanding what the documents meant. It isn't necessarily the end of the story. Ontario family courts have discretion to set aside a default order, but doing so requires more than just asking — you need to give the court a real reason to reopen a matter that's already been decided.

This guide explains what courts generally weigh when deciding whether to set aside a default order, and what a realistic motion to do so looks like.

Why Courts Can — But Won't Automatically — Reopen a Default

The default process exists so cases can move forward even when one party doesn't participate. Setting that aside undoes the consequence of that non-participation, which the court weighs against genuine finality — "asking for a do-over" isn't a routine option available any time you're unhappy with an outcome you didn't contest.

What a Court Generally Looks At

Courts weighing whether to set aside a default order generally consider a handful of overlapping questions, rather than a single fixed rule:

• Was there a genuine, credible explanation for the default? Courts look more favourably on defaults caused by circumstances like illness, a documented service problem, or a genuine misunderstanding than on defaults caused by simply deciding to ignore the proceeding.
• Did the party act promptly once they learned of the default order? A motion brought quickly after discovering the default is viewed very differently from one brought months later with no explanation for the delay.
• Is there an arguable case on the merits? The court wants some indication that participating would actually make a difference, that the defaulting party has a genuine position to put forward, not just a wish to relitigate.
• Would setting the order aside cause real prejudice to the other party? If the other party has already relied on the order in a way that would be unfair to unwind — moving, spending funds, making arrangements based on it — that weighs against reopening it.

No single factor is automatically decisive; a judge weighs them together against the specific facts of the case.

Building a Realistic Motion to Set Aside

1. Get a lawyer involved immediately. The strength of your explanation and your evidence matters far more here than in most other steps in a family case.
2. Prepare a sworn affidavit explaining, honestly and specifically, why you didn't respond in time — vague or evasive explanations tend to undermine, rather than help, a motion like this.
3. Show what your response would actually look like. Courts want to see that you have something real to contribute, not just a general objection to the outcome.
4. File and serve the motion in the proper form, giving the other party proper notice and an opportunity to respond.
5. Be ready to address delay directly. If time has passed since the default order was made, be prepared to explain that delay honestly rather than avoid the topic.

If the Motion Succeeds

Setting aside a default order reopens the matter — it doesn't decide the underlying issues in your favour. You'll still need to actively participate: filing your response, exchanging disclosure, and making your case on the merits going forward, generally on terms and a timeline the court sets as part of granting the motion.

If the Motion Doesn't Succeed

The default order remains in place and enforceable. Depending on what it covers — support, parenting, property — that can mean an ongoing financial or parenting obligation you didn't get to contest. In some circumstances, other options like an appeal or a future motion to change may still be available, but neither is a substitute for having addressed the default itself when you had the chance.

Frequently asked questions