On a family law appeal concerning a separation agreement, divorce order, and entitlement to the proceeds of sale of a matrimonial home, the court held that adult children identified as intended recipients of a parent's gifted share had a clear interest in the proceeding and should have received notice and full participation rights.
The appellate court admitted fresh evidence from the parties and the adult children, including evidence potentially bearing on whether the gifting provisions were understood and intended.
Because the application proceeded without participation by persons whose interests were directly affected, the trial judge's orders, including the costs order, could not stand.
The appeal was allowed, the orders were set aside, and a new trial was directed before a different judge.
