Law360 Canada ( December 16, 2024, 11:11 AM EST) -- Appeal by appellant husband from the order of a case management judge regarding a dispute on a division of matrimonial property and application by husband to admit new evidence. The parties were married and eventually got separated. The respondent wife filed a statement of claim for division of matrimonial property and a statement of claim for divorce. A chambers judge ordered the appellant to pay $500,000 as an interim distribution of matrimonial property. It was also ordered that the interim award be unconditional and enforceable as a money judgment. The appellant ceased paying spousal support when the respondent garnished his bank account and other sources to enforce the interim distribution of matrimonial property. As a result, the appellant argued he had little or no access to funds. However, he did control parcels of farmland, and he received the benefit of various oil, gas and renewable energy leases on several of the parcels. He indicated he would have to refinance the land if he were required to pay the experts' fees. He contended that the respondent should be responsible for the expert fees because of her cash flow. After balancing the reported cash flow in the hands of the respondent and the acknowledged real property assets of the appellant, the case management judge determined that the appellant would be responsible for paying for the experts because he held the assets. The appellant sought to admit new evidence which comprised his affidavits and the respondent’s affidavit....