Can a husband who fails to take steps to defend against his wife's divorce from a certificate of judgment?
British Columbia, Canada
The following excerpt is from Luo v. Yi, 2012 BCSC 1201 (CanLII):
In Bojarski v. Bojarski, 2000 SKQB 216, a more recent case from Saskatchewan, the wife petitioned for divorce and, despite being served, the husband failed to take steps to defend. A divorce was granted and a certificate of judgment (the modern equivalent of the decree absolute) issued following the expiration of the appeal period. The husband subsequently took legal advice and learned that the issue of the certificate had prejudiced his position respecting a claim under the Matrimonial Property Act. He applied to set aside the divorce judgment and sought leave to file an answer and counter-petition.
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