Province Estate v. Province

Province Estate v. Province

The motion judge validly exercised his discretion in relying on the sworn Net Family Property statement in the exceptional factual context, the appellant's repeated non‑compliance and delays foreclosed procedural fairness complaints, and there was no reversible error in ordering the $410,000 equalization payment,...

Source-derived case information.

Citation
2019 ONCA 912
Parties
Applicant (respondent in Appeal): Margaret Teri-Lynn Widner as Representative of the Estate of Joanne Underhill Province; Co Applicant (respondent in Appeal): Chantel Province; Co Applicant (respondent in Appeal): Jason Province; Respondent (appellant): James "Jim" Province
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
20 November 2019
Procedural Posture
Civil Family Law Appeal / Appeal From Superior Court of Justice Order Finalizing Equalization Payment and Related Vesting Orders
Outcome
Appeal dismissed
Legal Topics
Equalization Payment, Net Family Property Statement, Non Dissipation Order, Child Support Enforcement, Procedural Fairness, Vesting Orders, Pension Division, Costs
Source Language
english
Family Law Estate Law Criminal Law (contextual) Civil Procedure Equalization Payment Net Family Property Statement Non Dissipation Order Child Support Enforcement +4 more

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Parties

Margaret Teri-Lynn Widner as Representative of the Estate of Joanne Underhill Province

Applicant (respondent in Appeal)

Chantel Province

Co Applicant (respondent in Appeal)

Jason Province

Co Applicant (respondent in Appeal)

James "Jim" Province

Respondent (appellant)

Procedural Posture

Civil Family Law Appeal / Appeal From Superior Court of Justice Order Finalizing Equalization Payment and Related Vesting Orders

Legal Issues

  1. 1 Whether there was a denial of procedural fairness in the motion that finalized equalization
  2. 2 Whether the motion judge erred in relying on a Net Family Property statement prepared for a settlement conference
  3. 3 Whether the equalization payment should have been unequal and whether that discretion was misapplied

Ratio Decidendi

The motion judge validly exercised his discretion in relying on the sworn Net Family Property statement in the exceptional factual context, the appellant's repeated non‑compliance and delays foreclosed procedural fairness complaints, and there was no reversible error in ordering the $410,000 equalization payment, vesting orders and costs; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Equalization payment of $410,000 to be paid to the Estate
  • Interest at 4% per year on the equalization payment commencing November 8, 2009