Brigitte Gratl

The appellant appealed a motion judge's decision regarding whether the parties' cohabitation was for the primary purpose of reconciliation under their separation agreement.

The Court of Appeal allowed the appeal, finding that the matter involved diametrically conflicting evidence and required findings of credibility that could only be resolved after a trial on viva voce evidence, rather than on a motion.

The parties reached an agreement reflected in Minutes of Settlement.

The respondent, who was unrepresented on appeal but received independent legal advice, consented to the order.

The Court of Appeal allowed the appeal on consent to reflect the terms of the settlement.

The appellant appealed a trial judgment regarding custody, access, spousal support, and costs.

She argued the trial judge erred in his orders, demonstrated a reasonable apprehension of bias, and improperly denied spousal support.

The Court of Appeal dismissed the appeal, finding the trial judge's custody and access orders were supported by evidence and reasonable.

The court found no apprehension of bias, upheld the denial of spousal support based on the parties' financial positions, and found no error in the trial costs award.