The appellant appealed from orders made over ten years prior determining equalization, child support, and spousal support in a family law proceeding.
The appellant had failed to appear at trial in 2007 and at a subsequent motion to set aside the trial order in 2008.
The Court of Appeal admitted fresh evidence demonstrating the appellant's serious mental health issues, including PTSD and major depressive disorder, which rendered her incapable of attending the proceedings.
The court found that the appellant's absence was excused and that procedural fairness required setting aside the trial and motion orders.
The court ordered a new trial to determine the issues of equalization and support, set aside a garnishment order, and required the respondent to return garnished funds with interest.