The appellant appealed a family law judgment denying spousal support.
After commencing divorce proceedings, the respondent argued that s. 36(1) of the Family Law Act automatically stayed the appeal, while the appellant sought to adduce fresh evidence concerning post-judgment deterioration in her economic circumstances.
The court held that s. 36(1) did not extinguish or stay an appeal from an already adjudicated support claim, and refused the proposed evidence because it was new evidence arising after trial rather than fresh evidence capable of affecting the original adjudication.
On the merits, the court found no reversible error in the trial judge’s assessment of the evidence regarding economic disadvantage and upheld the denial of spousal support.
