The court held a case conference to determine next steps in a complex family law dispute involving multiple proceedings, including a guardianship application.
The core issues were whether the applicant husband had the capacity to instruct counsel and to seek a divorce, and whether the parties desired to reconcile under s. 10 of the Divorce Act.
The court ordered a five-day trial to determine these discrete issues of capacity and reconciliation, imposing time limits on the presentation of evidence and placing the burden of proof on the applicant husband.
