Wolfson v. Wolfson

Wolfson v. Wolfson

The court denied bifurcation and refused to reopen the trial; it ordered that Mr. Wolfson may pay the full equalization transfer of $4,548,134 by March 24, 2022 with no interest to achieve a clean break, but if not paid by that date he must pay $1,000,000 by March 24, 2022 and the balance $3,548,134 in two instalments due March 30, 2030 and March 30, 2031 with simple interest at 8% from Sept 3, 2021, secured by registerable mortgages on specified properties and by life insurance naming Ms. Wolfson irrevocable beneficiary; it fixed spousal support at $13,914 per month from Sept 2021 (subject to adjustment per earlier findings), secured spousal support with $500,000 life insurance...

Citation
2022 NSSC 25
Parties
Petitioner: Louis Wolfson; Respondent: Jennifer Wolfson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 January 2022
Procedural Posture
Divorce (family Law) / Ancillary Issues Post Divorce (implementation)
Outcome
Court issued ancillary orders implementing the divorce decision: set payment options and security for equalization transfer, confirmed spousal support amount and security, set s.7 expense allocation and process, ordered continuation of health/dental coverage, refused bifurcation and refused to reopen the trial for...
Legal Topics
Equalization Payment, Security and Mortgage, Interest on Deferred Payments, Spousal Support Quantum, Section 7 Expenses, Life and Health Insurance, Variation/relief From Finality, Implementation Orders
Source Language
English
Family Law Matrimonial Property Spousal Support Child Support Insurance Law Civil Procedure Equalization Payment Security and Mortgage +6 more

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Parties

Louis Wolfson

Petitioner

Jennifer Wolfson

Respondent

Procedural Posture

Divorce (family Law) / Ancillary Issues Post Divorce (implementation)

Legal Issues

  1. 1 What ancillary orders should govern the $4,548,134 equalization transfer (timing, security, interest)?
  2. 2 Whether spousal and child support may be relitigated or varied now and quantum of spousal support
  3. 3 Process for payment and allocation of s.7 expenses for the children

Ratio Decidendi

The court denied bifurcation and refused to reopen the trial; it ordered that Mr. Wolfson may pay the full equalization transfer of $4,548,134 by March 24, 2022 with no interest to achieve a clean break, but if not paid by that date he must pay $1,000,000 by March 24, 2022 and the balance $3,548,134 in two instalments due March 30, 2030 and March 30, 2031 with simple interest at 8% from Sept 3, 2021, secured by registerable mortgages on specified properties and by life insurance naming Ms. Wolfson irrevocable beneficiary; it fixed spousal support at $13,914 per month from Sept 2021 (subject to adjustment per earlier findings), secured spousal support with $500,000 life insurance...

Court Disposition

Court issued ancillary orders implementing the divorce decision: set payment options and security for equalization transfer, confirmed spousal support amount and security, set s.7 expense allocation and process, ordered continuation of health/dental coverage, refused bifurcation and refused to reopen the trial for...

Orders

  • If Mr. Wolfson pays $4,548,134 in full by March 24, 2022 no interest is payable and equalization transfer is satisfied.
  • If full payment is not made by March 24, 2022 Mr. Wolfson must pay $1,000,000 to Ms. Wolfson by March 24, 2022 and the remaining $3,548,134 in two equal instalments due March 30, 2030 and March 30, 2031.