The appellant, Shawn Poitras, appealed a trial decision that awarded the respondent, Natalie Burke, child and spousal support, arrears, an equalization payment, and exclusive possession of the matrimonial home, following an uncontested trial where the appellant's answer was struck due to repeated non-disclosure.
The appellant raised four grounds of appeal: denial of participation rights, insufficient scrutiny of the respondent's evidence, indefinite spousal support, and excessive costs.
The Court of Appeal dismissed the appeal, denying leave to file fresh evidence (failing the Palmer test), finding no unfairness regarding participation rights given the appellant's conduct, upholding the trial judge's scrutiny of evidence and spousal support award (applying Moge and SSAGs), and affirming the costs award.
