The appellant appealed an order made at a settlement conference which found her claim for equalization of net family property to be statute-barred.
The respondent conceded that the settlement conference judge lacked jurisdiction to make that order, but argued it was justified under the Family Law Rules.
The Divisional Court held that while judges can make orders at settlement conferences to promote fairness, notice must be given.
Since no notice was given regarding the limitation period issue, the appeal was granted and the order was set aside.