The appellant appealed a motion judge's decision dismissing his second motion to change child and spousal support and granting the respondent's cross-motion.
The appellant had failed to produce required financial disclosure, including income tax returns, despite multiple court orders over two years.
The motion judge dismissed the motion based on this failure to disclose.
The appellant sought to introduce his 2015 and 2016 tax returns as fresh evidence on appeal.
The Court of Appeal declined to admit the fresh evidence and upheld the motion judge's decision, finding the appellant had not met the test for introducing fresh evidence and had failed in his fundamental duty to disclose financial information.
The court rejected the appellant's procedural fairness arguments, noting he had benefitted from judicial indulgences rather than suffered unfairness.
