The appellant appealed an order made in a divorce proceeding that set aside property agreements and divided property on an asset-by-asset basis.
At trial, the respondent, who had just retained counsel, sought an equalization of net family properties and to set aside the agreements without amending the pleadings.
The trial judge discouraged the unrepresented appellant from seeking time to prepare financial statements.
The Court of Appeal allowed the appeal and ordered a new trial, finding that proceeding without proper notice and explicit statements of claims amounted to a denial of natural justice.