KALANT & JORDAIN

In the matter of *Kalant & Jordain*, heard by Gill J, the dispute concerned an initiating application filed by the Father in July 2019, seeking to relitigate issues previously determined by a final judgment. This application was made in the context of outstanding contravention applications and fresh allegations of sexual abuse concerning the children.

The central legal issue before the court was whether the Father's initiating application, filed after a final judgment, should be permitted to proceed. This required the court to consider the principles established in *Rice v Asplund* and determine if there had been a sufficient change in circumstances to justify a further hearing of the matters previously decided. The court also had to consider the outstanding contravention applications.

Gill J reasoned that the fresh complaints of sexual abuse constituted a significant change in circumstances, warranting a departure from the final orders and permitting the Father's initiating application to be heard. The court applied the principles from *Rice v Asplund*, which allow for the relitigation of final orders in exceptional circumstances, particularly where the welfare of children is concerned and new, serious allegations have arisen.

The court ordered that the Father be permitted to proceed on his initiating application. The Mother was directed to file a response by 19 February 2020, and the proceedings were adjourned for further directions, including those relating to the contravention applications, to 26 February 2020. The Father's solicitor was granted liberty to appear by telephone, and the Mother was ordered to file a Notice of Address for Service.