On a motion for summary judgment seeking dismissal of a spouse's corollary relief claim and preservation of a separation agreement, the court held the motion could not proceed because a pending Divisional Court appeal challenged an earlier severance order.
The court applied Rule 16(2) of the Family Law Rules, which prohibits deciding a claim that includes a divorce by summary judgment motion.
Given the unresolved validity of the severance, the court declined to hear the motion, converted the attendance into a case conference, and directed the parties to return after the appeal ruling.
Costs were deferred.
