The respondents (former husband and his father) brought a motion for summary judgment to dismiss the applicant's (former wife's) claim that a Separation Agreement should be set aside due to material misrepresentation and non-disclosure regarding the former husband's beneficial interest in a family trust.
The applicant opposed this motion and brought a cross-motion for a preservation order.
The court dismissed the respondents' motion for summary judgment, finding that there was a genuine issue requiring a trial regarding the materiality of the non-disclosure.
The court also granted partial summary judgment in favour of the applicant, finding that the former husband deliberately failed to disclose his interest in the trust and that the former wife did not have actual knowledge of this non-disclosure.
The cross-motion for a preservation order was dismissed.
The remaining issue for trial is the materiality of the non-disclosure and the appropriate remedy.
