SMITH v SMITH, 2016 ABQB 143

neufeld j

9.13: Re-opening case

Case Summary

Following a Trial Decision with respect to a divorce and division of matrimonial property, the parties re-appeared before the Court to settle the Judgment Roll. During the Application to settle the Judgment Roll, the husband sought to re-open the matrimonial property proceedings, pursuant to Rule 9.13(b), on the basis that he had new evidence relating to an increase in his pension plan. The Defendant justified this late disclosure by explaining that the settlement of the supplemental pension occurred after the conclusion of Trial.

Justice Neufeld held that although maintaining fairness in the trial process requires that the parties avoid litigation by instalments and by collateral attacks on the trial result, re-opening was necessary in this case in order for there to be accurate evidence before the Court. In the circumstances, Justice Neufeld re-opened the proceedings for the limited purpose of considering the value discrepancy of the Defendant’s pension between separation and Trial. Justice Neufeld held that the increase of value of the supplemental pension should be divided on a 60 / 40 basis in the husband’s favour.

View CanLII Details