Law360 Canada ( April 5, 2024, 2:25 PM EDT) -- Appeal by wife from a portion of trial judge's order requiring her to make equalization payment to husband. The wife argued that the trial judge erred in ordering an equalization payment in favour of the husband in the uncontested trial, where the husband made no financial disclosure at any point in the proceedings, and never made a request for equalization. The trial judge acknowledged that the matrimonial home was solely in the wife’s name, and that she was solely responsible for expenses related to the home since the date of separation. She noted that a significant amount of debt was secured against the matrimonial home, at least some of which was related to debts incurred as a result of the husband’s gambling addiction. However, she found that the quantum of debts related to the husband’s gambling could not be determined on the evidence on the uncontested trial. The wife sought the release to her of all of the net proceeds from the sale of the matrimonial home to secure new accommodation for her and the children. In the alternative, she submitted that in the circumstances, she was entitled to an unequal division of the net family property....