The appellant appealed a family law order and both parties sought to introduce fresh evidence, including report cards and updated financial information.
The Divisional Court relaxed the usual rules for admitting fresh evidence, noting the case involved the best interests of children.
Finding that the new evidence established a change in circumstances and could have affected the decision below, the court allowed the appeal in part, directing a new hearing on the issues with updated financial disclosure.
The court also allowed the appeal regarding retroactive support, as the respondent conceded it had been satisfied.
