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Rescission refused where applicant failed to provide a reasonable explanation and prima facie case for redistribution under s7(3).
Civil procedure – Rescission of judgment – divorce decree granted in absence – requirements for rescission: reasonable explanation for default, bona fides, prima facie defence. Family law – Divorce Act s7(3) – redistribution claims require pleaded primary facts showing contribution and extent of estate. Service – substituted service challenged but respondent’s version preferred on the papers. Pleadings – distinction between primary facts and secondary/conclusory in resisting rescission.
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