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Orders in decade-old divorce set aside as appellant submits fresh evidence on mental health

Wednesday, June 20, 2018 @ 9:20 AM | By Amanda Jerome

The Ontario Court of Appeal has set aside an order on equalization and support in a divorce proceeding that’s over 10 years old as the appellant’s history of mental illness kept her from attending the trial and motion that took place many years ago. The court described the circumstances in this case as “highly unusual” and ordered a new trial.

In Kowalsky v. Asselin-Kowalsky 2018 ONCA 539, the court heard that the appellant, Denise Asselin-Kowalsky, and the respondent, Mark Kowalsky, had been married for 22 years...