Michael E. Freeman

The appellant appealed an order refusing to set aside a default judgment regarding spousal support and equalization of matrimonial property.

The Court of Appeal found that the appellant's failure to contest the original motion was adequately explained by her being paralyzed by depression, contrary to her counsel's characterization before the motion judge.

Additionally, fresh evidence indicated the respondent had died.

The appeal was allowed, the default judgment set aside, and the matter remitted to the Superior Court for a fresh determination.

The appellant appealed convictions including being masked with intent to commit an indictable offence.

The Crown conceded that the masked with intent conviction was not supportable, and the Court of Appeal quashed it.

The appeals against the remaining convictions were dismissed as there was ample evidence to support them.