The appellant mother appealed an order reducing child and spousal support and dismissing her constructive trust claim.
The motion judge had refused the mother's request for an adjournment to complete previously ordered questioning, concluding the issues could be bifurcated and decided without it.
The Court of Appeal allowed the appeal, finding the motion judge denied the mother a fair hearing by jumping to the erroneous conclusion that questioning was unnecessary and by failing to allow full submissions on the issue.
A new hearing was ordered.
