In Martins v. Martins (1987), 1987 CanLII 4276 (ON SC), 60 O.R. (2d) 215 (S.C.) Fitzgerald D.C.J. (L.J.S.C.) found that the proceeding which in default of appearance results in a divorce judgment was a motion for a default judgment, equivalent to that obtained upon a Statement of Claim, and the applicant was, therefore, entitled to apply to set aside the divorce judgment. In that case, the applicant had applied during the period when the divorce was not yet effective. He went on to state that the court on the petition for divorce had not yet dealt with the issue of spousal support and did not have before it sufficient information to adjudicate the issue. However, rather than setting aside the default judgment, he varied the divorce judgment by deleting the provisions for corollary relief which provided that spousal support was to terminate upon divorce, and directed the trial of an issue as to the entitlement.
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