How has the court awarded an unequal division of net family properties in a separation proceeding?

Ontario, Canada


The following excerpt is from Hum v. Skoll, 2019 ONSC 2367 (CanLII):

On the facts before him, Galligan J. awarded the wife an unequal division of the net family properties, finding that to do otherwise would have been unconscionable, where a husband appropriated for himself and his own use, post separation, jointly held funds, without permission of the wife. Galligan J. accounted for that unilateral appropriation of joint funds and awarded the wife an additional amount accordingly (see paragraph 21 of Skrj v. Skrj, supra).

Other Questions


What is the test for an unequal division of net family property based on unconscionability? (Ontario, Canada)
In what circumstances will a judge find unconscionability to support an unequal division of net family property? (Ontario, Canada)
In a COVID-19 separation case, what is the role of the court in assessing the parenting standards of the separated parents? (Ontario, Canada)
In what circumstances will the court award costs under Rule 24(1) of the Rules of Civil Procedure in a family law case? (Ontario, Canada)
In what circumstances will the court grant promissory estoppel to a property owner who has been ordered to pay out a loan to the property owner for the past year? (Ontario, Canada)
What is the test for a court to award costs in a family law matter? (Ontario, Canada)
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed? (Ontario, Canada)
What steps must be taken by a court to equalize net family properties under s. 5(6)? (Ontario, Canada)
In what circumstances will the court award costs in a family law case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.