M.M. v. A.M.

M.M. v. A.M.

The Court amended the earlier decision to correct asset identifications and valuations and adjusted the equalization chart and allocations based on agreed corrections and the Respondent's tax reassessment; the Court refused to grant new substantive relief (a reservation for future Suncor stock) because there was no evidentiary basis presented post-judgment.

Citation
2016 NSSC 57
Parties
Petitioner: M. M.; Respondent: A. M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 March 2016
Procedural Posture
Family Law Divorce/equalization / Post Judgment Erratum/addendum
Outcome
Erratum issued: asset descriptions and valuations corrected; equalization chart adjusted; tax reassessment effect incorporated; petitioner's request to reserve future Suncor stock entitlement denied for lack of evidence.
Legal Topics
Asset Identification, Equalization of Net Family Property, Pension Valuation, Tax Reassessment Allocation, Post Judgment Correction/erratum
Source Language
English
Family Law Property Division Pension Division Taxation Asset Identification Equalization of Net Family Property Pension Valuation Tax Reassessment Allocation +1 more

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Parties

M. M.

Petitioner

A. M.

Respondent

Procedural Posture

Family Law Divorce/equalization / Post Judgment Erratum/addendum

Legal Issues

  1. 1 Correction of asset identification and valuations
  2. 2 Removal of double-counted asset from valuation
  3. 3 Adjustment of equalization calculation

Ratio Decidendi

The Court amended the earlier decision to correct asset identifications and valuations and adjusted the equalization chart and allocations based on agreed corrections and the Respondent's tax reassessment; the Court refused to grant new substantive relief (a reservation for future Suncor stock) because there was no evidentiary basis presented post-judgment.

Court Disposition

Erratum issued: asset descriptions and valuations corrected; equalization chart adjusted; tax reassessment effect incorporated; petitioner's request to reserve future Suncor stock entitlement denied for lack of evidence.

Orders

  • Replace the prior pension and asset identifications with the corrected descriptions and estimated commuted values as set out in the Erratum.
  • Remove the $500 boat value double-counting from the equalization chart and adopt the revised equalization chart.