Luigi DiPierdomenico

The appellant appealed a trial judgment following the respondent being noted in default.

The Court of Appeal allowed the appeal in part.

The Court directed a reference to determine equalization of net family properties, noting uncontradicted evidence of the respondent's pension.

The Court also ordered the respondent to pay $100 per month for the children's special expenses.

The Court dismissed the appeal regarding spousal support, finding the award within the acceptable range, and dismissed the tort claim for infliction of nervous shock due to a lack of causal link.

The appellant appealed a judgment dealing with spousal support and ancillary orders after his pleadings were struck at trial.

The Court of Appeal upheld the spousal support amount of $1,515 per month, finding the appellant had notice of the amount in issue despite the Notice of Application claiming less.

The Court also upheld the trial judge's decisions not to time-limit support, to defer review for three years, and to change access drop-off points.

The appeal was allowed only to set aside the order regarding pension benefits due to a lack of evidence, and to correct a typographical error in the support amount.