The defendant brought a motion for leave to examine two third-party witnesses in advance of the plaintiff's summary judgment motion for possession of mortgaged property.
The defendant argued the witnesses had evidence relevant to his claim that the plaintiff fraudulently misrepresented her financial position prior to signing their separation agreement, entitling him to equitable set-off.
The court dismissed the motion, finding the proposed evidence was not relevant to the enforcement of the separation agreement.
Furthermore, the court held that the issue of financial disclosure had already been conclusively determined in prior family law proceedings, and issue estoppel applied to prevent re-litigation.
