BANOVICH v BANOVIC

This was an Appeal of a Summary Trial decision involving a matrimonial dispute.

The Appellant brought two Applications to adduce fresh evidence on Appeal. The first Application was dismissed on the basis that the proposed evidence did not satisfy the test for admission set out in Palmer v the Queen, [1980] 1 SCR 759. The second Application was denied without consideration because it was not filed and served prior to the filing of the Appellant’s Factum, contrary to Rule 14.45.

The Panel noted that no finalized Order containing the Summary Trial Judge’s decision was filed prior to the Appeal being heard, contrary to Rules 9.2 and 14.18. At the Court’s request, counsel for the Respondent provided a draft Order, and the Appellant subsequently delivered comments on the draft Order. While the Panel proceeded with the scheduled Appeal in this case, it directed the parties to finalize the Order and cautioned that failure to comply with Rules 9.2 and 14.18 may result in an appeal not being scheduled or being adjourned until a finalized order is filed.

The Court dismissed the Appeal, affirming the Summary Trial Judge’s decision.