The appellant appealed a motion judge's order granting an adjournment of a summary judgment motion on the condition that the respondent's application for divorce be severed from the corollary issues.
The appellant argued the motion judge failed to consider whether the severance would disadvantage her under Rule 12(6) of the Family Law Rules.
The Divisional Court dismissed the appeal, finding the motion judge properly balanced the interests of both parties and that there was no evidence the appellant would be disadvantaged by the severance, given the terms of the parties' separation agreement.
