Gervasio v. Gervasio

Gervasio v. Gervasio

The Court corrected valuation errors: the wife's RRSPs are to be valued at $38,200 as at the date of separation based on the best evidence available, and the husband's pension is to be valued for equalization at 70% of the 1998 cash surrender payout of $137,735 (i.e. $96,414.50) under the pro rata Best v. Best approach; the Court also allowed the respondent's cross-appeal relief on deductions (pre-marriage equity, credit card balances and correction of costs treatment) and declined to bar the cross-appeal for alleged child support arrears on the record before it.

Citation
2007 ONCA 780
Parties
Appellant (respondent by Cross Appeal): Valerie Gervasio; Respondent (appellant by Cross Appeal): Bruno Gervasio
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
14 November 2007
Procedural Posture
Family / Appeal and Cross Appeal (on Appeal From Superior Court of Justice Judgment Dated October 8, 1999)
Outcome
Appeal and cross-appeal allowed in part; trial judge's equalization calculations adjusted.
Legal Topics
Equalization, Pension Valuation, RRSP Valuation, Deductions, Child Support Arrears, Costs
Source Language
English
Family Law Equalization Pension Valuation RRSP Valuation Deductions Child Support Arrears Costs

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Parties

Valerie Gervasio

Appellant (respondent by Cross Appeal)

Bruno Gervasio

Respondent (appellant by Cross Appeal)

Procedural Posture

Family / Appeal and Cross Appeal (on Appeal From Superior Court of Justice Judgment Dated October 8, 1999)

Legal Issues

  1. 1 Proper valuation of wife's RRSPs as at date of separation
  2. 2 Proper valuation of husband's pension for equalization
  3. 3 Whether cross-appeal should be barred because of alleged child support arrears

Ratio Decidendi

The Court corrected valuation errors: the wife's RRSPs are to be valued at $38,200 as at the date of separation based on the best evidence available, and the husband's pension is to be valued for equalization at 70% of the 1998 cash surrender payout of $137,735 (i.e. $96,414.50) under the pro rata Best v. Best approach; the Court also allowed the respondent's cross-appeal relief on deductions (pre-marriage equity, credit card balances and correction of costs treatment) and declined to bar the cross-appeal for alleged child support arrears on the record before it.

Court Disposition

Appeal and cross-appeal allowed in part; trial judge's equalization calculations adjusted.

Orders

  • Include $38,200 as the value of the appellant's RRSPs in her net family property for equalization purposes.
  • Include $96,414.50 (70% of $137,735) as the value of the respondent's pension in his net family property for equalization purposes.