The wife appealed a trial judge's decision staying her Ontario application for equalization of net family property and spousal support on the basis that Greece was the more appropriate forum.
On appeal, the wife sought to introduce fresh evidence consisting of an application the husband filed in Greece after the Ontario trial, which contradicted his previous evidence regarding the parties' assets.
The Court of Appeal admitted the fresh evidence under the Palmer test, finding it radically changed the parameters of the property issues.
The court allowed the appeal, set aside the stay, and ordered the proceedings to continue in Ontario.