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The court set aside BCI share division clauses in a separation agreement for unconscionability, awarded equitable compensation, and varied child and spousal support.
The Court found, on the balance of probabilities, that the Appellant made misrepresentations in his 2016 return by failing to report the disposition gain on the Property and by failing to adequately explain deposits identified in the BMO bank deposit analysis; those misrepresentations were attributable to neglect, carelessness or wilful default, entitling the Minister to reassess under s.152(4); however the Court accepted adjustments reducing the Unreported Revenue by $19,132, and therefore allowed the appeal in part and referred the reassessment back to the Minister for reconsideration with…
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The court dismissed a challenge to a 2005 separation agreement as statute-barred, awarded the claimant half the appreciation of a condo, and ordered spousal support.
The Court held the factual record supported a finding that separation occurred by May 2002, so the equalization claim filed in August 2008 was barred by the six‑year limitation in s.7(3); the appellant failed to meet the mandatory s.2(8) preconditions (lack of good faith delay and prejudice to respondent) so no extension was granted; spousal support was denied because the appellant failed to show financial need or dependency under s.33(8), with disclosed incomes indicating appellant earned more than respondent.
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The court held Can-Auto did not prove restricted use of iSpect, found no complete binding post-termination licence, and dismissed the main liability claims.
The Court of Appeal upheld a finding of unjust enrichment arising from long-term family services, rejected a new limitation defence, and reduced damages to $100,000.
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