The respondent husband sought leave to appeal an interlocutory order that dismissed his motion to sever his claim for divorce from the applicant wife's claims for corollary relief.
The motion judge had refused severance on the basis that the husband's failure to provide financial disclosure prejudiced the wife, and that severing the divorce could cause her legal disadvantage by terminating her rights under the Succession Law Reform Act in the event of his intestacy.
The court found no conflicting decisions and no good reason to doubt the correctness of the motion judge's order, as the potential loss of estate rights and insurance coverage constituted valid legal disadvantages under Rule 12(6) of the Family Law Rules.
The motion for leave to appeal was dismissed.