Court of Appeal

NOVA SCOTIA COURT OF APPEAL

Citation: Jachimowicz v. Jachimowicz, 2009 NSCA 65

Date: 20090616

Docket: CA 304986

Registry: Halifax

Between:

Cathy Loretta Jachimowicz

Appellant

v.

Jan Michael Jachimowicz

Respondent

Judge:                            The Honourable Justice Nancy Bateman

Appeal Heard:                June 11, 2009                 

Subject:                Setting aside a judgment on grounds of fraud.          

Summary:             Appeal by former wife from dismissal of application (pursuant to Civil Procedure Rule (1972) 15.08(b)) seeking to set aside the property settlement contained in a CRJ, alleging non-disclosure of assets, fraud and perjury by former husband.

Issue:                    Did the judge err in dismissing the application?

Result:                  Appeal dismissed at hearing with costs and very brief following reasons.  Fact specific.  The judge did not err in finding that the wife did not exercise due diligence and that the allegations of fraud, perjury and duress were not proved.  The appellant was seeking a retrial and basing the appeal on a set of facts materially inconsistent with those found by the hearing judge.  The judge’s findings of credibility against the former wife were entitled to deference and supported by the record.