MARITAL OR FAMILY PROPERTY - Equalization or division - Test of  unconscionability - Matrimonial or family home

Law360 Canada ( November 12, 2026, 9:33 AM EST) -- Appeal by husband from judgment ordering unequal division of net family property, retroactive and ongoing child and spousal support, sale of matrimonial home, and costs. The parties separated after a 13-year marriage and had two children in the wife’s care. The husband operated successive carpentry businesses. His brother, Yasser, held the shares of Cedar Woodwork Inc. (Cedar Woodwork), but the husband controlled its finances. Before separation, title to the matrimonial home (Quinn Road), was transferred to Yasser without payment to the parties. The trial judge disbelieved much of the husband’s and Yasser’s evidence, found that the husband failed to make full financial disclosure and was Cedar Woodwork’s beneficial owner, and ordered him to pay $65,710 after finding equal division unconscionable. She imputed income of $250,000 for 2023 and $200,000 thereafter and rejected an alleged $450,000 vendor take-back mortgage. On appeal, the husband submitted that the trial judge improperly relied on a privileged letter from Yasser’s counsel. The appeal also raised whether Yasser’s admission could be used against him. He argued that unequal division was not pleaded, he lacked notice and the trial judge focused on conduct rather than result. He further argued that the imputed income was speculative, omitted income attributable to the wife and lacked tax assumptions, and that the reasons rejecting the mortgage were inadequate despite Khoury’s evidence of its existence and partial repayment....
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