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The Court of Appeal held the marriage agreement operated unfairly because it ignored Ms. Bradley’s indirect contributions and extraordinary asset growth, ordering $29 million reapportionment.
Court of Appeal remitted reapportionment and spousal support for fresh determination, finding errors in treating speculative inheritances and in the reasons given.
The Court of Appeal dismissed three matrimonial appeals, upholding leave to amend pleadings, reapportionment under s. 65, and the costs award, with one dissent on costs.
On summary trial, the court varied a will under the Wills Variation Act because the surviving spouse was not adequately provided for, despite a marriage agreement.
The court granted divorce, upheld the 2004 marriage agreement over the Second Home, and ordered Ms. Kelly to vacate; support and pension issues were adjourned.
Supplemental reasons limited a spousal RRSP rollover to $28,600, allowed time to complete a buyout of the Tattersall Drive property, and ordered each party to bear own costs.
Costs decision in a family law case: the court found success was divided on the main issues and ordered that each party bear their own costs.
Supplementary reasons settled the form of orders, reallocated property under the Family Relations Act, fixed support at $3,500 per month, and adjusted costs.
The Court of Appeal held the marriage agreement was not unfair, set aside the property reapportionment, and increased spousal support to $3,500 monthly.
The court upheld the marriage agreement, divided the remaining home equity under the Family Relations Act, and continued child maintenance for the adult daughter.
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